Summary: We will not investigate this complaint about adult social care, because Ms B is not a suitable representative to raise a complaint for Ms C. We would not investigate a councils complaint handling where we are not investigating the substantive matter.

The complaint

1. Ms B raises concerns about her sister (Ms C’s) care and wellbeing during her lifetime. Ms B was concerned that Ms C did not have capacity to make certain decisions, and was being unduly influenced by another person. Ms B was concerned this would lead to Ms C not looking after herself and becoming ill. Ms C has since died, and Ms B believes it is because of these circumstances.
2. Ms B contacted the Council for information following Ms C’s death. The Council explained it is limited in what it can share, because Ms C did not want her family involved or information shared with them when she was alive.
3. Ms B complains the Council’s response was not empathetic and the Council is putting up unnecessary barriers. Ms B and the rest of Ms C’s family are upset, stressed and anxious and feel they cannot move on with their lives until they have answers about what happened to Ms B and why she died at a young age.

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The Ombudsman’s role and powers

4. 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

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

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My assessment

7. Ms B and her family have had a difficult few years, since Ms C chose to move away and not include them in her life. The family cared deeply for Ms C and wanted to know she was ok. The family raised concerns with the Council, but the Council was satisfied Ms C had capacity to make her own decisions, even if others thought those decisions were unwise. Therefore, the Council could not interfere with Ms C’s life choices and had to respect her wishes not to share information with her family. There is no reason to think Ms C would not want that wish respected after her death.
8. The Ombudsman has the same limits the Council has explained to Ms B. Ms B is not Ms C’s personal representative. We cannot accept Ms B as a suitable representative for Ms C, because we know Ms C did not want information shared with Ms B.
9. Ms B is also unhappy with the way the Council dealt with her complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

10. We will not investigate Ms B’s complaint because she is not a suitable representative to raise a complaint about Ms C’s care.
11. Even if Ms B was a suitable representative, it is unlikely the Ombudsman could achieve much by investigation. We would not investigate solely to get answers for Ms B, where we cannot provide any remedy to Ms C for any injustice caused by the Council’s actions.

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Investigator's decision on behalf of the Ombudsman