Devon County Council (19 000 740)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 16 Jul 2019
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Miss X’s complaint about the Council’s actions in its role as Deputy, because it lies outside his jurisdiction. Complaints about Deputies are considered by the Office of the Public Guardian.
The complaint
- The complainant, whom I shall call Miss X, complains about the Council’s actions, in managing her finances, whilst carrying out its role as Deputy.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
How I considered this complaint
- I considered the information Miss X provided when she complained to this office. I also requested some information from the Council and considered the information it provided in response. I sent Miss X a draft of my decision and invited her comments.
What I found
- The Council has acted as Deputy for Miss X since 2015. It was appointed as Deputy after the court of protection found Miss X lacked capacity to manage her own property and financial affairs.
- Miss X complains about the Council’s actions in carrying out this role. She says she is able to control her own finances and would like to receive her benefits directly. Miss X wants to be able to use her own money as she would like and does not want to ask people for access to it. Miss X would like the Deputy to be removed.
- The Council has told Miss X it will not consider her complaint because it is a matter for the Office of the Public Guardian to consider. The Council provided Miss X with details of how to complain to the Office of the Public Guardian.
Final decision
- We cannot investigate this complaint because it lies outside our jurisdiction. Complaints about the actions of Deputies are for the Office of the Public Guardian to investigate. We cannot investigate and decide these matters.
Investigator's decision on behalf of the Ombudsman