Summary: We will not investigate Mr X’s complaint that the Council left his mother without support. He also complains about the Council’s response to his concerns about his mother being vulnerable to abuse from a third party. This is because he is not a suitable representative to make this complaint on behalf of his mother.

The complaint

1. Mr X complains the Council left his mother without support which led to her missing appointments. He also complains about the Council’s response to his concerns about his mother being vulnerable to abuse from a third party.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complains about the Council’s actions in relation to his mother. There is some evidence to suggest his mother may lack capacity to give consent for Mr X to bring this complaint on her behalf.
6. There is also evidence to suggest Mr X’s mother does not wish for Mr X to be involved, or be informed, about matters concerning her.
7. Therefore, we cannot accept Mr X to be a suitable representative to bring this complaint due to this conflict of interest between him and his mother.
8. We have made the Council aware of Mr X’s safeguarding concerns about his mother and have asked the Council to pass the concerns to the relevant team to consider.

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Final decision

9. We will not investigate Mr X’s complaint because he is not a suitable representative to make this complaint on behalf of his mother.

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Investigator's decision on behalf of the Ombudsman