London Borough of Bromley (19 018 544)
Category : Adult care services > Safeguarding
Decision : Closed after initial enquiries
Decision date : 30 Mar 2020
The Ombudsman's final decision:
Summary: Mr X complains on behalf of his father, Mr Y, that the Council did not properly investigate safeguarding concerns about his father. The Ombudsman will not investigate this complaint because there is a more suitable person to represent Mr Y.
The complaint
- Mr X complains that the Council did not properly investigate safeguarding concerns he raised about his father, Mr Y. Mr X says this has placed his father at risk.
The Ombudsman’s role and powers
- 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)
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I considered the complaint and the documents provided by Mr X and the Council. I have written to Mr X with my draft decision and given him an opportunity to comment.
What I found
- Mr X says that Mr Y does not have capacity to give consent due to dementia.
- Mr X raised a safeguarding alert with the Council about his father’s welfare. The Council investigated and established that Mr Y was safe and well.
- Mr Y lives with his son, Mr Z. Mr Z has lasting power of attorney for his father’s health and wellbeing. Therefore, Mr Z is the most suitable person to represent Mr Y in any complaint about his welfare.
Final decision
- The Ombudsman will not investigate this complaint because there is a more suitable person to represent Mr Y.
Investigator's decision on behalf of the Ombudsman