Summary: The Ombudsman will not investigate Mr X’s complaint about matters relating to his mother. This is because Mr X is not a suitable representative.

The complaint

1. The complainant, whom I shall call Mr X, complains about matters relating to his mother, Mrs Y’s, care and welfare and her residential care home placement.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

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How I considered this complaint

4. I considered the information and documents Mr X provided. I sent Mr X a draft of my decision and considered his comments on it.

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What I found

5. Mr X complains about matters relating to his mother, Mrs Y’s, care and welfare. Mr X says his mother no longer has capacity and so cannot provide consent for him to make this complaint on her behalf.
6. Mr X’s brother, Mr Z, has power of attorney for Mrs Y for health and welfare. As such, Mr Z is the most suitable person to represent Mrs Y. Without his consent, we will not investigate this complaint from Mr X.
7. Mr X says he has made an application to the Court of Protection to revoke Mr Z’s power of attorney. However, this has not yet been heard.

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Final decision

8. We will not investigate this complaint because, for the reasons set out above, Mr X is not a suitable representative.

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Investigator's decision on behalf of the Ombudsman