Summary: We will not investigate this complaint about how the Council dealt with Ms X’s brother. This is because Ms X does not have legal authority to act as her brother’s representative.

The complaint

1. Ms X complains on behalf of her brother, Mr Y. Ms X says her brother has lost weight since being placed in a care home. Ms X says she has significant concerns about Mr Y’s welfare and has raised safeguarding concerns. She says she is not allowed privacy when speaking to her brother by telephone or when visiting him.
2. Ms X says she is extremely distressed by her brother’s situation.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X says her brother has been assessed as not having capacity to make decisions about his welfare and she does not have any legal authority to act on his behalf. Ms X says her brother has a Relevant Person’s Representative (RPR) but they will not speak to her about her concerns.
8. We are not able to consider this complaint as Ms X does not have legal authority to act on behalf of her brother so we cannot consider her a suitable person to act as his representative.

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Final decision

9. We will not investigate Ms X’s complaint because she is not a suitable person to act as Mr Y’s representative.

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Investigator's decision on behalf of the Ombudsman