Summary: We will not investigate this complaint about how the Council dealt with Mrs X’s mother whilst she was alive. This is because she is not a suitable person to bring a complaint on her mother’s behalf.

The complaint

1. Mrs X complains the Council failed to take actions over concerns about her mother, Mrs Y, before her death. Mrs X says the Council failed to take account of medical information about her mother’s capacity to make her own decisions and allowed her to be exploited by others.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council says that Mrs Y had capacity to make her own decisions at the time of her death. The Council also says that Mrs Y had made it clear that she did not want information about her to be shared with Mrs X.
6. I understand there is currently a family dispute over Mrs Y’s estate. This dispute coupled with Mrs Y’s wishes at the time of her death mean we cannot consider Mrs X to be a suitable person to complain on behalf of Mrs Y.

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Final decision

7. We will not investigate Mrs X’s complaint because she is not a suitable person to complain on behalf of Mrs Y.

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Investigator's decision on behalf of the Ombudsman