Summary: We will not investigate Miss X’s complaint about Mrs Y’s care and support. This is because she has not provided consent from Mrs Y to show she is a suitable representative to complain on her behalf.

The complaint

1. Miss X complained the Council did not consider her relative, Mrs Y’s, best interests about where she wanted to live and her care and support. She said the matter caused her distress and frustration. She wants the Council to accept it acted with fault and to make service improvements to prevent a recurrence of fault.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We do not consider Miss X as a suitable person to complain on behalf of Mrs Y. This is because she does not have consent to do so from Mrs Y or Mrs Y’s Lasting Power of Attorney. Furthermore, the Council decided not to investigate Miss X’s complaint as it did not consider her as a suitable representative. We will therefore not investigate her complaint.

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Final decision

6. We will not investigate Miss X’s complaint because she has not provided consent from Mrs Y to show she is a suitable representative to complain on her behalf.

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Investigator's decision on behalf of the Ombudsman