Summary: We will not investigate this complaint about how the Council dealt with concerns that Mrs Y’s family had raised about her care. This is because Mrs Y has not consented to her family complaining to the Ombudsman on her behalf.

The complaint

1. Mrs Y’s family complain on her behalf that the Council has failed to carry out proper safeguarding investigations into circumstances surrounding her mother’s care. The family says the Council has not shared information with them or properly responded to concerns raised by the family.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. I have considered the written complaint and supporting papers provided by Mrs Y’s family, and the previous complaint made by Mrs Y’s family on their own behalf. I have also contacted the Council and Mrs Y regarding the issue of consent.

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What I found

5. Mrs Y’s family previously complained to the Ombudsman about the Council’s actions. We decided that we could not investigate the way the Council had considered any safeguarding concerns as any injustice would be caused to Mrs Y and not the family. Moreover, Mrs Y would not give consent for the family to complain to us about the Council’s actions.
6. The family then provided the Ombudsman with a consent form signed by Mrs Y, so the Ombudsman opened a fresh investigation into the complaint.
7. The Ombudsman contacted the Council which explained the background to the case which involved a number of agencies. It explained that it wished to check whether Mrs Y consented to the family complaining on her behalf.
8. The Council arranged a meeting with Mrs Y. It has provided notes of the meeting which state that Mrs Y does not consent to the family complaining on her behalf, nor does she wish to make a complaint herself. The Council considers that Mrs Y has capacity to make this decision.
9. The Ombudsman also contacted Mrs Y to check if she consents to the family pursuing a complaint on her behalf. We received an email from Mrs Y stating that she does not want the family to complain on her behalf or to pursue a complaint herself.
10. Although the family has expressed concern over the possible involvement of another family member in these matters, I see no reason to question the information provided by the Council that Mrs Y does not wish to pursue a complaint. Without Mrs Y’s consent, the Ombudsman has no jurisdiction to consider the complaint from Mrs Y’s family.

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Final decision

11. I have discontinued my investigation into the family’s complaint because Mrs Y does not consent to the family complaining on her behalf and does not wish to pursue a complaint herself.

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Investigator's decision on behalf of the Ombudsman