Summary: The Ombudsman will not investigate Ms B’s complaint about the Council’s failure to safeguard her mother, Mrs C from her daughter who is her court appointed Power of Attorney. This is because Ms B can ask the Court of Protection to consider her concerns about whether her sister is a suitable attorney for Mrs C and whether Mrs C should live in a residential care home, and it would be reasonable to do so.

The complaint

1. Ms B complained to the Council that her estranged sister and court appointed attorney for her mother’s Mrs C’s health and wellbeing has been abusing her position as her Power of Attorney (PoA) and encouraged her to transfer her house over to her leaving her free to place Mrs C in a care home against her wishes. In addition, Ms B says the Council has supported her sister and not protected her vulnerable mother.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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What I found

4. Ms B has raised several concerns about the Council’s safeguarding of Mrs C and has previously raised allegations about her sister, who is Mrs C’s court appointed attorney with the Office of the Public Guardian (OPG). The OPG investigated Ms B’s concerns about financial management of Mrs C’s account and lock on the fridge and was satisfied with the arrangements in place.
5. Ms B says Mrs C has been forced to move into a residential care home against her will and alleges her estranged sister has forced Mrs C to pass her tenancy agreement to her.
6. The Council has explained it undertook a Best Interests Assessment in August 2019 and determined it is in Mrs C’s best interest she live in a residential care home. It confirmed Mrs C has not asked to leave the home and says she does not appear to be distressed. The Council has also explained what steps it has taken to minimise the risks of Mrs C falling, including encouraging Mrs C to use her frame when mobilising. It says there has been a suggestion of putting a visiting plan in place to ensure all family members can visit Mrs C and avoid conflict.
7. Ms B is unhappy with this response and has asked the Ombudsman to consider it further. The Ombudsman cannot say where Mrs C should live or say her attorney is not acting in her best interests. The Council has explained it decided Mrs C should live in a care home in her best interests as she does not have the capacity to decide this for herself. If Ms B believes Mrs C should live elsewhere and her attorney is not acting in her best interests it would be reasonable for her to ask the Court of Protection to consider her concerns. Information about the Court of Protection can be found on the website below.

https://www.gov.uk/courts-tribunals/court-of-protection

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Final decision

8. The Ombudsman will not investigate this complaint. This is because Ms B can ask the Court of Protection to consider her concerns about whether her sister is a suitable attorney for Mrs C and it would be reasonable to do so.

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Investigator's decision on behalf of the Ombudsman