Summary: The Ombudsman will not investigate Ms A’s complaint that the Council has failed to safeguard her mother, Mrs B, from her abusive husband. This is because Mrs B has not consented to Ms A complaining to the Ombudsman on her behalf and Ms A has asked the Ombudsman not to proceed with her complaint.

The complaint

1. Ms A says the Council has failed to safeguard her mother, Mrs B, a vulnerable adult, from her abusive husband and she is unable to visit her in her home. Ms A alleges Mrs B’s husband, drinks too much alcohol to be able to care for her and says he gives Mrs B too much alcohol. Ms A says Mr B does not properly care for Mrs B and physically, financially and verbally abuses her. In addition, Ms A says she has not been included in best interests making decisions and has been ignored and disrespected

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The Ombudsman’s role and powers

2. 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

3. I considered the information Ms A provided. I sent Ms A a copy of my draft decision for comment

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What I found

4. Ms A says the Council deems Mrs B has capacity to make decision for herself. The Council says Mrs B supports her own assertions about her care arrangements and wellbeing. It advised Ms A it could not consider a complaint from her about Mrs B and will not disclose any information about her.
5. Ms A says the Court of Protection deemed Mrs B lacked capacity and the Council should consider her concerns and investigate them.
6. The Mental Capacity Act 2005 says a person must be assumed to have capacity unless it is established that he lacks capacity. A person should not be treated as unable to make a decision:

• Because he makes an unwise decision.
• Based simply on: their age; their appearance; assumptions about their condition, or any aspect of their behaviour.
• Before all practicable steps to help the person to do so have been taken without success.

7. The Court of Protection deemed Mrs B no longer has capacity to execute a new Lasting Power of Attorney.
8. The Ombudsman could not say Mrs B lacks capacity to make decisions about her care needs or who should have information about her. Without consent from Mrs B confirming she wants Ms A to act on her behalf the Ombudsman will not investigate Ms A’s complaint about the Council’s actions.
9. Ms A says she is being disrespected and ignored by the Council regarding her concerns about Mrs B. The Council has explained it cannot consider her complaint or provide her with information about Mrs B. The Ombudsman could not say this is fault. Ms A has no separate injustice warranting an investigation by the Ombudsman from this point.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because Mrs B has not consented to Ms A complaining to the Ombudsman on her behalf and Ms A has asked the Ombudsman not to proceed with the complaint.

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Investigator's decision on behalf of the Ombudsman