Summary: We will not investigate Mr X’s complaint about the Council’s alleged failure to carry out an assessment for Mrs Y. This is because Mr X is not a suitable representative for this complaint.

The complaint

1. Mr X complained on Mrs Y’s behalf that the Council has failed to carry out a financial assessment after Mrs Y’s savings ran out and she was unable to fund her care.
2. Mr X complained that this has led to financial loss for Mrs Y’s care provider.

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The Ombudsman’s role and powers4

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council on behalf of his employee because it has delayed carrying out a financial assessment for Mrs Y for over 10 months. Mr X’s employee is the Care Provider who is providing care to Mrs Y.
8. The Council it was not responsible for Mrs Y’s funding because it was not the Council that placed Mrs Y in the care home. Mr X was unhappy with this response and brought the complaint to us.
9. As Mr X is not acting as a member of the public but is acting on behalf of a care provider, he cannot act as a representative for Mrs Y as this is a conflict of interest. It is open to Mrs Y or a suitable representative to bring this complaint to us.

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Final decision

10. We will not investigate Mr X’s complaint because Mr X is not a suitable representative for this complaint.

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Investigator's decision on behalf of the Ombudsman