Summary: We will not investigate Mrs X’s complaint about the care and support provided to her mother by her care home. This is because she is not a suitable representative to bring this complaint on her mother’s behalf.

The complaint

1. Mrs X complains about the care and support provided by her mother by her care home. She says her mother was advised to complete exercises for rehabilitation, but the care home failed to help her mother complete these exercises.

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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.

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

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How I considered this complaint

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

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My assessment

5. Mrs X’s sister held lasting power of attorney while their mother was alive. Therefore, it is appropriate to get her consent for this complaint to be made.
6. Mrs X told us her sister refused to give her consent for this complaint to be brought against the care home.
7. Therefore, we will not investigate this complaint because Mrs X is not a suitable representative to bring this complaint on her mother’s behalf.

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Final decision

8. We will not investigate Mrs X’s complaint because she is not a suitable representative to bring this complaint on her mother’s behalf.

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Investigator's decision on behalf of the Ombudsman