Summary: We will not investigate this complaint about the outcome of a mental capacity assessment undertaken as part of a Lasting Power of Attorney application. This is because there is another body better placed to consider this complaint.

The complaint

1. Mr X complained about the conduct of a Social Worker who completed a mental capacity assessment on Mrs Y.
2. He said the Social Worker was unprofessional and the Council’s decision to refuse a Lasting Power of Attorney (LPA) was unlawful. He wants the Social Worker to be suspended and for the Council to acknowledge its failings.

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The Ombudsman’s role and powers

3. We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Mr X applied to the Office of the Public Guardian (OPG) on behalf of Mrs Y for a Power of Attorney (POA). A Social Worker was appointed to conduct a mental capacity assessment for Mrs Y, and she decided she did not have capacity to make her own decisions. Therefore, the Social Worker objected to the OPG authorising the LPA.
7. Mr X complained to the Council about the outcome of the assessment and attitude of the Social Worker. In its complaint response the Council explained to Mr X that assessing capacity is time and date specific and the OPG had not yet decided on the outcome of the LPA application.

8. We will not investigate this complaint. The OPG makes decisions on LPAs. If Mr X disagrees with a decision the OPG has made he can ask it for a review. If he remains unhappy after a review is completed, he can appeal the OPG’s decision to the Court of Protection.
9. The Council said during its complaint investigation it found no concerns about the Social Worker’s behaviour. If Mr X wants to complain about the Social Worker’s fitness to practice, this is a matter for Social Work England.

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Final decision

10. We will not investigate Mr X’s complaint because there is another body better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman