Summary: We will not investigate this complaint about the Council’s lack of response to Mrs X’s concerns about an attorney. This is because there is a more suitable agency to best address Mrs X’s concerns first so there is no fault by the Council.

The complaint

1. Mrs X says the Council has failed to address her complaint. Mrs X raised concerns about someone who holds a lasting power of attorney.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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 we are unlikely to find fault and there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

5. I can see that Mrs X has already complained to the Office of the Public Guardian (OPG) which oversees the work of holders of lasting power of attorneys. This is the most suitable agency to deal with her complaint. So we are unlikely to find fault with the Council for not investigating Mrs X’s complaint as it is a matter best addressed by the OPG.
6. After the OPG has concluded its investigation, it is open to Mrs X to complain to the Council if she considers it acted with fault.

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Final decision

7. We will not investigate Mrs X’s complaint because it is best addressed by another body better placed to consider and we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman