Summary: Mr X complains the Council’s social worker refused to help him gain access to see his father. The Ombudsman will not investigate the complaint because there is no evidence of fault by the Council which correctly signposted him to the Office of the Court Protection.

The complaint

1. The complainant, who I refer to as Mr X, says his father’s social worker did not help him gain access to see his father. He says he has been left with immense distress that was unable to see his father before he passed away. He also alleges a conflict of interest concerning the solicitor who held the deputyship for his father’s property and financial affairs.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I spoke to Mr X and reviewed the information he and the Council provided.

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What I found

4. Mr X’s father, who I refer to as Mr Q, suffered from dementia and lacked capacity so that deputyship of his property and financial affairs lay in the hands of solicitors.
5. In the year before Mr X’s father’s death, Mr X had been attempting to arrange contact between himself and Mr Q. However, a family dispute meant that the mother and sister of Mr X would not co-operate in allowing Mr X to see his father who lived with them.
6. While he was alive, Mr Q’s social worker attempted to arrange informal contact but was not successful in doing so.
7. Mr X submitted a formal complaint about these matters. The Council found no fault with the actions of the social worker who had properly sought advice from her manager and the Council’s Legal Team who had referred Mr X to the Office of the Court of Protection.

Assessment

8. Due to a family dispute, the Council was unable to arrange informal contact between Mr X and his father. As this was the case, it correctly referred Mr X to the Office of the Court of Protection which is the appropriate body to consider such disputes. This body can also consider Mr X’s allegations of collusion between his sister and the solicitor who acted as Mr Q’s deputy.

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Final decision

9. The Ombudsman will not investigate the complaint because there is no evidence of fault by the Council which correctly signposted him to the Office of the Court Protection.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman