• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• What I found
• Final decision

The Ombudsman's final decision:

Summary: We cannot investigate Ms C’s complaint about the Council’s refusal to allow her uncle, Mr D, to move to Jamaica to live with his family. This is because Ms C does not have consent or standing to complain on behalf of Mr D.

The complaint

1. Ms C complained to the Council that her uncle, Mr D should be allowed to return to his home and family in Jamaica. The Council advised it cannot consider Ms C’s request and can only consider what his recorded Power of Attorney (PoA) determines is in the best interests of Mr D.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

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

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What I found

4. Ms C says the Council has not considered Mr D’s best interests and wishes about where he should live. The Council has explained it cannot respond to Ms C directly as Mr D has registered a Power of Attorney to act on his behalf.
5. We cannot say where Mr D should live. Ms C is challenging Mr D’s Power of Attorney (PoA) through the Court of Protection (CoP). The court will decide whether his POA should continue in the role or be removed. Ms C can also ask the CoP to determine where Mr D should live.

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Final decision

6. We cannot investigate this complaint. This is because Ms D does not have consent or standing to act on behalf of Mr D.

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Investigator's decision on behalf of the Ombudsman

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