Summary: We will not investigate this complaint about the Council’s response to safeguarding and other actions relating to Mrs X’s mental capacity assessment. This is because we do not have consent from Mrs X to investigate, and nor do we believe Mrs Y can make a complaint about these actions, on Mrs X’s behalf, as her representative.

The complaint

1. Mrs Y complained because she was unhappy the Council did not properly safeguard her mother (Mrs X) in 2019. She was also unhappy it declined to reinvestigate its earlier actions relating to Mrs X’s mental capacity assessment.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by Mrs Y and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs Y complained about the way the Council responded to safeguarding in 2019. She also complained about the Council’s actions when Mrs X was being assessed for a mental capacity assessment.
6. We will not investigate this complaint because we do not have a valid consent from Mrs X for Mrs Y to act as her representative, and on the information I have at hand, do not believe Mrs Y can make a complaint on her behalf, without this consent.

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Final decision

7. We will not investigate Mrs Y’s complaint because she does not have consent from the complainant in this case.

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Investigator's decision on behalf of the Ombudsman