Summary: The Ombudsman will not investigate Mr X’s complaint about his mother’s move to a new care home in 2019 and about matters relating to his sister. This is because Mr X is not a suitable representative.

The complaint

1. The complainant, whom I shall call Mr X, complains his mother’s move to a new care home, in January 2019, was unlawful. He also complains about the Council’s handling of his sister’s domestic abuse.

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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)

4. 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

5. I considered the information 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

6. Mr X complains his mother’s move to a new care home, in January 2019, was unlawful.
7. Mr X’s mother has an attorney for health and welfare. The attorney is the most suitable person to represent Mr X’s mother. We will not consider this complaint from Mr X without the attorney’s consent.
8. Mr X also complains about the Council’s handling of his sister’s domestic abuse. The Council will not consider this complaint because Mr X’s sister has capacity and does not want Mr X to complain on her behalf. She does not consent to her information being shared with Mr X.
9. We will not consider a complaint on behalf of someone who has capacity who does not consent to the complaint being made.

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Final decision

10. 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