Summary: We will not investigate Mr X’s complaint about the Council not including him in his father’s care. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complained the Council has not included him in any decision making regarding his father, Mr Y. He said he has not been able to see his father who resides at a care home which has caused him distress. He wants the Council to support him with being involved in his father’s care and visiting him.

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The Ombudsman’s role and powers

2. 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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X said his father lives in a care home but cannot visit him due to restrictions being in place. He said his father has appointed a Lasting Power of Attorney and there is also a solicitor involved with his care.
6. In response to Mr X’s complaint, the Council said it was not involved with Mr Y’s care and support needs and any provision he was receiving. It advised Mr X to contact Tameside Council as it appeared it was overseeing Mr Y’s care and support needs including his provision. It also advised Mr X to contact his father’s Lasting Power of Attorney and the Solicitor involved in the matter and if he had any concerns, to contact the Office of the Public Guardian.
7. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council. It is not responsible for Mr Y’s care and it advised Mr X correctly on how to pursue his concerns. It is open to Mr X to do so.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman