Summary: We will not investigate Miss X’s complaint about the care provider’s actions. This is because we are unable to carry out an effective investigation into the matters raised without the consent of the care home resident involved.

The complaint

1. Miss X complains on behalf of her mother, Mrs Y, about the care provider’s actions. Mrs Y’s relative, Ms A, is a resident of the care provider’s care home. She complains the care provider accused Mrs Y of stealing Ms A’s money and removed Mrs Y’s number from Ms A’s phone. She also makes a general complaint about the care home’s policies relating to residents.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. (Local Government Act 1974, sections 34B and 34C)
3. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

6. Miss X has confirmed she is only complaining on behalf of Mrs Y and not Ms A. We do not have consent from Ms A to consider any matters relating to her.
7. We cannot investigate the complaint about the allegation against Mrs Y or about her phone number being deleted from Ms A’s phone. This is because, in order to carry out an effective investigation into these matters, and reach a reliable view on events and the care provider’s actions, we would need to request and consider Ms A’s data. We do not have her consent to do so.
8. We will not investigate the complaint about the care home’s policies in relation to its residents. This is not a matter which impacts Miss X or Mrs Y and we do not have consent from any of the residents for such a complaint to be made on their behalf.
9. Miss X also complained about the care provider’s handling of her complaint. We do not consider complaint handling issues in isolation where we are not also considering the substantive complaint. This is because it is not a good use of limited public funds for us to do so.

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Final decision

10. We will not investigate Miss X’s complaint because we cannot carry out an effective investigation without Ms A’s consent and we do not have consent from any of the care home residents to consider the complaint about the care provider’s policies.

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Investigator's decision on behalf of the Ombudsman