Summary: Ms X complains about the Council’s response to financial safeguarding concerns she raised in connection with her father. We will not investigate the complaint because it is unlikely we will find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms X, complains about the Council’s response to her claims that her elderly father is being manipulated by a relative. She says it should act to stop this and that her relationship with her father has been destroyed and she will lose out financially because he will leave his estate to the relative and cut her out of the will.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

3. 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

4. In considering the complaint I reviewed the information provided by Ms X, including the Council’s response to her complaint about her father’s financial situation. I gave Ms X the opportunity to comment on my draft decision and considered what she said.

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What I found

5. Ms X contacted the Council with her concerns that a relative is manipulating her father for financial gain and to ensure Ms X is not a beneficiary in her father’s will.
6. The Council responded by explaining it had approached her father who had advised that he did not want any further information about his circumstances to be provided to her. The Council said as this was the case, it had closed its complaint file and could no longer correspond with her on it.
7. Dissatisfied with the Council’s response, Ms X complained to us.

Assessment

8. Ms X complains about the Council’s failure to act on her concerns about her father and the injustice this has and will cause her. However, given her father’s clear instruction to the Council, it is unlikely an investigation by the Ombudsman would find evidence of fault by the Council.
9. In her complaint, Ms X has also detailed the injustice the Council’s inaction has caused her father. However, Ms X cannot complain on behalf of her father with a complaint to us because she does not have his consent to do so.
10. In responding to my draft decision, Ms X has referred to the numerous concerns she raised with the Council about her father and the relative she believes is manipulating him. However, her father has told the Council he does not want any further information about his circumstances to be given to her. I see no evidence of fault by the Council in deciding not to correspond further with Ms X as to do otherwise would be contrary to her father’s express instruction.

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Final decision

11. We will not investigate this complaint. This is because it is unlikely we will find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman