Summary: Ms X complained about Somerset Council and Somerset Integrated Care Board’s care and support to her son, Mr Y, under Section 117 of the Mental Health Act in 2022 and 2023. We have decided we should not accept Ms X acting as Mr Y’s representative.

The complaint

1. Ms X complains on behalf of her son, Mr Y about Somerset Council (the Council) and Somerset Integrated Care Board (the ICB). She says the Council and ICB did not provide appropriate care and support under Section 117 of the Mental Health Act to her son in 2022 and 2023. That includes carers falling asleep while supporting Mr Y. Ms X says the lack of support caused Mr Y’s mental health to worsen (including self-harm), and he was sent to prison after 2023.

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The Ombudsmen’s role and powers

2. We provide a free service, but must use public money carefully. If, despite someone providing written consent for someone to complain on their behalf, we consider that representative is not acceptable, we may decide not to start or continue with an investigation. (Health Service Commissioners Act 1993, section 3(2) and Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered evidence from Ms X and the Ombudsman’s Assessment Code.
4. Ms X had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

5. Following Ms X’s complaint, in 2023 the Council told Ms X: “[Mr Y] has requested numerous times that we do not share information with you directly without his consent”.
6. When Ms X approached the Ombudsmen in July 2025, Mr Y signed a consent form for Ms X to act on his behalf.
7. I spoke to Ms X about the complaint in November 2025. She told me since she complained to us, her son’s mental health had worsened again. She said if she disagreed with his views on his care, he refuses her support and relies on his sister instead. I understand how that has created problems in Mr Y and Ms X’s relationship. Because of this, I do not consider Ms Y is an acceptable representative to bring this complaint on his behalf. Therefore, I have decided to stop considering this complaint.

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Decision

8. I will not investigate Ms X’s complaint on behalf of Mr Y. I do not consider we should accept her as his representative.

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Investigator's decision on behalf of the Ombudsman