Summary: We will not investigate this complaint about the level of care provided to Mrs X’s mother by a care home. This is because we do not consider Mrs X to be a suitable representative.

The complaint

1. Mrs X complains about the level of care provided to her mother by a care home.

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The Ombudsman’s role and powers

2. 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.

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

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How I considered this complaint

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

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My assessment

6. Mrs X’s mother, Mrs A, appointed her son as an attorney to deal with her property and financial affairs. Mrs X was not appointed as an attorney. Mrs A did not appoint anyone as an attorney to deal with her health and welfare.
7. I do not consider Mrs X to be a suitable representative to bring the complaint on behalf of her mother. This is because her brother is more appropriate to bring the complaint as he has power of attorney for his mother’s property and financial affairs.
8. Further, there were concerns about Mrs X’s behaviour towards the care home which led the care home having to involve the Council and the Police. This raises concerns about Mrs X’s suitability to act in her mother’s best interest.

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Final decision

9. We will not investigate Mrs X’s complaint because we do not consider her to be a suitable representative to make the complaint on her mother’s behalf.

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Investigator's decision on behalf of the Ombudsman