Summary: Mrs X complains for her mother Mrs Y, the Council failed to safeguard Mrs Y when she raised concerns about her health and finances. We are discontinuing our investigation into the complaint as it has not been made by a suitable person.

The complaint

1. I have called the complaint Mrs X. She complains for her mother Mrs Y, the Council failed to safeguard Mrs Y when she raised concerns about her health and the possible abuse of her finances.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. (Local Government Act 1974, section 24A(6))
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)
4. 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)

5. 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)

Back to top

How I considered this complaint

6. I have read the papers submitted by Mrs X which include the Council’s response to her complaint and discussed the complaint with her.
7. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

8. For several years Mrs X has had limited contact with her mother Mrs Y. Mrs Y lives in sheltered housing accommodation and receives care support services from the Council.
9. Mrs X contacted Mrs Y in 2020 and was concerned about Mrs Y’s mental health and that her finances were being managed by Mr Z, a family relative of Mrs Y’s ex-husband. Mr Z advised Mrs X he was Mrs Y’s next of kin and held power of attorney for her for finances and property.
10. Mrs X says she contacted the Council in September 2020 regarding her concerns about Mrs Y’s health and her finances being managed by Mr Z. Mrs X says she asked the Council if it had verified Mr Z’s claim to hold power of attorney for Mrs Y. Mrs X says the Council told her it would always check who held power of attorney.
11. Mrs X says she checked the records of the Office of the Public Guardian (OPG) and found Mrs Y had no power of attorney listed. Mrs X says she told the Council and raised safeguarding concerns about Mrs Y’s health and finances. But the Council took no action to investigate Mr Z’s claim of power of attorney until November 2020 and then accepted Mr Z’s claim was untrue. The Council carried out a financial capacity assessment on Mrs Y in November 2020 and determined she lacked capacity to manage her finances. Mrs Y’s bank account was then frozen. Mrs X says from May 2020 large amounts of money were removed from Mrs Y’s bank account.
12. Both Mrs X and Mr Z applied to hold power of attorney for Mrs Y in December 2020. Mrs Y’s bank agreed to allow access with both LPA’s as joint signatories. But Mrs X and Mr Z could not agree over terms, so the bank informed the Council. The OPG became aware and determined Mrs Y lacked capacity to decide that Mrs X and Mr Z should hold power of attorney for her. The OPG is currently in the process of having them both removed as her attorneys. The court will then decide who should manage Mrs Y’s health and finances.
13. Mrs X complained to the Council that if it had acted sooner on her concerns about Mr Z in September 2020, then Mrs Y would not have suffered financial abuse. The Council responded to Mrs X’s complaints and advised it had sought verification of Mrs Y’s power of attorney in November 2020. The Council explained it had responded to the safeguarding concerns raised. Mrs X remains dissatisfied with the Council’s responses.

My assessment

14. Complaints can be made ‘on behalf of’ someone by a wide range of people or organisations, but only with that person’s consent. Mrs Y lacks capacity to act on her own behalf and give consent to Mrs X to act on her behalf in making the complaint to us. So, Mrs Y has not agreed to Mrs X making the complaint for her. Where someone is unable to complain in their own right, we must consider whether their representative can represent their best interests.
15. I understand that Mrs X is Mrs Y’s daughter. However, a close family relationship does not give an automatic right to access to a person’s confidential information, or to act on their behalf.
16. Mrs X had limited contact with Mrs Y, and they did not have a personal, day‑to‑day relationship for several years. Further, from the information I have seen there are no indications that Mrs Y sought to involve Mrs X in her care during her interactions with social care services.
17. The OPG have raised concerns about Mrs X acting as power of attorney for Mrs Y and is in the process of removing her from that role. While there is doubt over Mrs X’s role as attorney and despite the family connection, I cannot say that Mrs X is a suitable person to bring this complaint to us on behalf of Mrs Y about the Council’s response to her safeguarding concerns.
18. Once the situation over whether Mrs X can act as attorney for Mrs Y has been resolved and should Mrs X remain in that role, it is open to her to bring a complaint to us about her concerns on behalf of Mrs Y.

Back to top

Final decision

19. Subject to further comments by Mrs X and the Council, I am discontinuing my investigation into the complaint as I do not consider that Mrs X is currently a suitable person to make the complaint on Mrs Y’s behalf.

Back to top

Investigator's decision on behalf of the Ombudsman