Summary: We will not investigate this complaint about residential care arrangements for Mr X’s wife, or how the Council dealt with safeguarding concerns. We cannot investigate the substantive issue, because Mr X cannot bring that complaint to us. And of the safeguarding matters there is no evidence of fault and no significant injustice. In any case we cannot achieve the outcome that Mr X is seeking.

The complaint

1. Mr X complained about the decision to place his wife, who has cognitive issues, in residential care against his wishes.
2. Mr X also says the Council has restricted his contact with his wife.

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The Ombudsman’s role and powers

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)
4. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X was unhappy with the Council’s decision to place his wife in residential care and he said this was against her wishes. We will not investigate a complaint from Mr X about this decision, because his wife cannot give consent and we are not satisfied, on balance, he is a suitable person to bring this complaint and act on her behalf. Additionally, Mr X’s wife has an independent mental capacity advocate (IMCA) and Mr X is aware of his right to challenge the Council’s decisions at The Court of Protection who can resolve any conflict of best interests.
8. The Council also investigated two safeguarding reports which was highlighted during Mr X’s complaint, concerning his wife. We will not investigate these matters either. There is no evidence of fault in the earlier investigation and any fault in how the outcome of the second one was communicated to Mr X, has not caused him a significant injustice.
9. In any case Mr X wanted the Council to return his wife to her home and we cannot achieve this outcome.

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Final decision

10. We will not investigate Mr X’s complaint. We cannot investigate the substantive issue; there is either no evidence of fault or injustice and we cannot achieve the outcome that he wants.

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Investigator's decision on behalf of the Ombudsman