Summary: We will not investigate this complaint about the Council’s actions as Ms X’s sister’s deputy. This is because the Office for the Public Guardian is better placed to consider Ms X’s concerns and she is able to apply to court to be named as her sister’s deputy alongside the Council.

The complaint

1. Ms X complains the Council will not support her application to become a deputy for her sister who has care needs. Ms X says the Council is currently acting as her sister’s deputy and there have been occasions where it has not acted in her best interests and so she has had to step in and provide financial assistance.
2. Ms X says the Council’s actions have caused her distress as her sister has told her she wants her to become her deputy.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. If Ms X wishes to be named as her sister’s deputy she may apply to the Court of Protection. It is possible to have more than one deputy acting for an individual and Ms X does not need the Council’s consent to make an application if this is what her sister wishes. The court will make the final decision on the application. As Ms X can take this matter to court we cannot investigate.
8. Ms X has already raised concerns about the Council’s actions when acting as deputy for her sister with the Office of the Public Guardian (OPG). The OPG is better placed to deal with these concerns and so we will not investigate this part of Ms X’s complaint.

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Final decision

9. We will not investigate Ms X’s complaint because she is able to take the matter to court and the OPG is better placed to deal with her concerns about the Council’s actions as her sister’s deputy.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman