Summary: Ms X complains on behalf of her deceased sister, Ms K, that the Council failed in its duty of care towards Ms K. The Ombudsman will not investigate the complaint because we do not accept Ms X to be a suitable representative for Ms K in this matter.

The complaint

1. Ms X complains the Council failed in its duty of care towards her sister, Ms K, who died last year. She says the Council failed to properly follow the Care Act 2014 with regard to Ms K and that this caused her sister unreasonable distress and anxiety. Ms X seeks an apology and a review of the Council’s Adult Social Care policies and procedures.

Back to top

The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable. (Local Government Act 1974, section 26A(2), as amended)

Back to top

How I considered this complaint

3. In considering the complaint I reviewed the information provided by Ms X and gave her the opportunity to comment on my draft decision.

Back to top

What I found

4. Ms K, the elderly sister of Ms X, died last year and Ms X found out about her passing from a voluntary organisation.
5. Ms K had had no contact with her family for over 40 years. She had been known to the Council’s Adult Social Care Team.
6. When Ms X became aware Ms K had died, and of her circumstances prior to her death, she made a complaint to the Council about its failings with regard to Ms K’s care.
7. The Council told Ms X it did not accept she had authority to make complaints on behalf of Ms K. It said while Ms K was alive it had consulted with her about her immediate family and had received consistent instruction from her that it could not share information about her with her family and that Ms K had said she did not have any family or next of kin. It said while it accepted Ms X is the executor to Ms K’s estate and will settle all financial affairs and follow the instructions of any will, Ms K had had the expectation that information held about her care arrangements would be confidential and it had no reason to believe she would not have wished this to remain the case after her death.
8. Dissatisfied with the Council’s response to her complaints, Ms X complained to the Ombudsman.

Assessment

9. While we may investigate a complaint on behalf of someone who has died, in this case, given the nature of the complaint and Ms K’s instruction and comments to the Council about her family, we cannot accept Ms X as a suitable representative and so cannot accept her complaint made on behalf of her sister.

Back to top

Final decision

10. The Ombudsman will not investigate this complaint. This is because we do not accept Ms X to be a suitable representative for Ms K in this matter.

Back to top

Investigator's decision on behalf of the Ombudsman