Summary: We will not investigate this complaint about the Council’s failure to safeguard a vulnerable adult. The complaint is late and there is not a good reason Mrs X did not complain to us sooner. There are also other bodies better placed to deal with the concerns she raised.

The complaint

1. Mrs X complained the Council did not protect her family member from being groomed by a person who is now their beneficiary, executor and Power of Attorney. Mrs X formerly held these roles for her family member, and she is therefore set to suffer a large financial loss. Mrs X has suffered significant distress and upset and has spent significant time and trouble trying to gather evidence that her family member has been groomed.

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’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mrs X contacted the Council over eight years ago, when she began to be concerned someone was grooming her family member. The Council investigated the situation several more times when Mrs X raised further concerns.
7. In July 2020, after Mrs X last raised concerns with the Council, it again investigated. It then explained to Mrs X it had assessed her family member’s mental capacity – their ability to make the decisions relevant to her concerns. The Council was satisfied the family member had the capacity to make those decisions and so it could not interfere with them.
8. Mrs X brought her complaint to the Ombudsman in December 2021. There is no good reason Mrs X did not complain to us sooner and it is too late now for us to investigate matters from 2020 and earlier. This does not prevent Mrs X complaining to us about any subsequent interactions she has with the Council.
9. However, in any event, Mrs X has reported her concerns to the Office of the Public Guardian (OPG). She says the OPG is investigating the person’s appointment as her family member’s Power of Attorney. Mrs X has also contacted the police. She is concerned that despite the Council finding her family member has capacity, they may have been coercively controlled. This is a criminal matter. The OPG and the police are better placed to deal with the issues Mrs X raises. The Ombudsman could not intervene in the person’s appointment as beneficiary, executor or Power of Attorney.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint because it is late, and the issues she raises would be better dealt with by the Office of the Public Guardian and the police.

Back to top

Investigator's decision on behalf of the Ombudsman