Summary: The Ombudsman will not investigate Ms B’s complaint about the care her friend, Mrs C, received at the care provider’s care home. This is because Ms B does not have consent from Mrs C’s next of kin to make this complaint.

The complaint

1. The complainant, whom I shall call Ms B, complains about the care her friend, Mrs C, received at the care provider’s care home.

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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 or 34 C)

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How I considered this complaint

4. I considered the information Ms B provided in her complaint. I sent Ms B a draft copy of my decision and I have considered her comments in response.

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What I found

5. Ms B complains about the care her close friend, Mrs C, received at the care provider’s care home. Mrs C is now deceased.
6. Mrs C’s next of kin was involved with her care and was in the process of obtaining power of attorney prior to her death. Ms B has not obtained his consent to make this complaint on Mrs C’s behalf and does not wish to do so.
7. Without this consent we will not investigate. We consider Mrs C’s next of kin to be the most suitable representative.

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Final decision

8. We will not investigate this complaint. This is because Mrs C’s next of kin has not provided consent for this complaint to be made on Mrs C’s behalf.

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Investigator's decision on behalf of the Ombudsman