City of Bradford Metropolitan District Council (22 006 127)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 18 Jan 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s actions in relation to the complainant’s parents’ care fees. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no consent for the complainant to complain on behalf of his parents, and no evidence of fault by the Council causing significant injustice to the complainant.
The complaint
- The complainant, who I refer to here as Mr E, say that the Council:
- Has acted improperly in relation to managing his parent’s finances and care fees;
- Prevented him from accessing his parents’ property; and
- Does not return his phone calls.
The Ombudsman’s role and powers
- 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))
- We may only investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
My Assessment
- Mr E was no longer managing his parents’ financial affairs, and did not have consent for the keys to his parents’ house to be handed to him.
- The Council has apologised for a delay in responding to a phone call.
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
Final decision
- We will not investigate Mr E’s complaint on his own behalf because there is no evidence of fault causing him significant injustice. Additionally there is no consent or authority for him to complain on behalf of his parents.
Investigator's decision on behalf of the Ombudsman