Summary: We will not investigate this complaint about care provided to Mr X’s father Mr Y. This is because Mr X is not a suitable person to bring this complaint as he does not have consent from the executor of Mr Y’s estate.

The complaint

1. Mr X complains on behalf of his father, Mr Y who has passed away. Mr X says the Care Provider provided the family with misleading information about its services and did not provide Mr Y with care to meet his needs. Mr X says this has caused him and the family significant distress.

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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.
3. We may investigate complaints from a person affected by the matter in the complaint, or from someone the person has authorised in writing to act for him or her. If the person has died or cannot authorise someone to act, we may investigate a complaint from a personal representative or from someone we consider suitable to represent the person affected. (section 26A or 34C, Local Government Act 1974)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s mother is the executor of Mr Y’s estate. We would expect a complaint on behalf of someone who has died to come from the person with responsibility for the estate where one has been named. Mr X has not provided us with his mother’s consent to bring this complaint and so we cannot consider him a suitable person to complain on behalf of Mr Y. Therefore we will not investigate this complaint.

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Final decision

7. We will not investigate Mr X’s complaint because he is not a suitable person to complain on behalf of Mr Y.

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Investigator's decision on behalf of the Ombudsman