Summary: The Ombudsman will not investigate this complaint about the Council’s refusal to initiate a safeguarding investigation. This is because the subject of the proposed investigation did not give consent for it to go ahead, so there is no fault in the Council’s decision.

The complaint

1. The complainant, who I refer to here as Mr J, says that the Council:
• Did not instigate a safeguarding investigation in respect of his allegations that his sister was mis-using her Financial Power of Attorney for their mother, Mrs M, and was not carrying out Mrs M’s wishes;
• Incorrectly assumed that he was questioning whether Mrs M had capacity;
• Did not properly investigate his allegations that his brother and sister were manipulating and coercing his mother;
• Wrongly accused him of preventing the Mrs M’s admission to two other care homes;
• Prevented Mrs M from dying at home with Mr J, as he says that she wanted;
• Did not investigate his complaint about the medication and care given to Mrs M at the end of her life by the care home;
• Has refused to share Mrs M’s medical notes with him; and
• Has breached his confidence.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), 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)

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How I considered this complaint

4. I considered the information provided by Mr J and by the Council. I have also sent Mr J a draft decision for his comments.

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What I found

5. Mr J’s mother resided in a care home at the end of her life. His sister held Power of Attorney for Finance on behalf of Mrs M.
6. Mr J asked the Council to initiate safeguarding procedures in respect of Mrs M, as he said that his brother and sister were manipulating and coercing her. He further said that his sister was misusing the Power of Attorney.
7. The Council did not instigate a safeguarding investigation in respect of these allegations. This is because Mrs M told the council that she did not wish a safeguarding investigation to be carried out.
8. The Council carried out a mental capacity assessment to ensure that Mrs M was able to make this decision. It concluded that she had capacity to do so, and it was therefore unable to carry out the investigation that Mr J had requested.
9. Mr J now complains about its refusal to act, to the LGSCO, but we will not investigate this, as there is no fault in the Council’s actions.
10. In addition, we will not investigate the substantive matter as I do not consider Mr J to be a suitable representative for Mrs M, given that she refused to consent to a safeguarding investigation when she was still alive.
11. Mr J further complains that the Council has wrongly accused him of preventing Mrs M’s admission to two other care homes. We will not investigate this matter as the alleged injustice does not warrant investigation by the LGSCO.
12. Additionally, Mr J says that the Council prevented Mrs M from dying at home, in the care of Mr J, and that it did not properly investigate his complaints about the administration of medicines, and the quality of the care provided to Mrs M at the end of her life, by the care home. We will not investigate these complaints as I do not consider Mr J to be a suitable representative for Mrs M, given that she did not allow him to represent her while she was alive.
13. Finally, Mr J complains about a breach to the confidentiality of his data. This complaint would have to be made to the Information Commissioner’s Office, which is the body set up by parliament to consider such complaints.

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Final decision

14. Subject to any comments Mr J might make, my view is that the Ombudsman should not investigate this complaint. This is because I do not consider him a suitable representative for Mrs M.

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Investigator's decision on behalf of the Ombudsman