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

  1. 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.

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The Ombudsman’s role and powers

  1. 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.
  1. (Local Government Act 1974, section 26A(2), as amended)
  2. 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)

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How I considered this complaint

  1. 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.

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What I found

  1. Mr X says that Mr Y does not have capacity to give consent due to dementia.
  2. 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.
  3. 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.

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Final decision

  1. The Ombudsman will not investigate this complaint because there is a more suitable person to represent Mr Y.

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Investigator's decision on behalf of the Ombudsman

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