Summary: We will not investigate this complaint about the Council’s actions relating to Mrs X’s mental capacity. 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 to us and said the Council did not do enough to check the information it used to assess her mother’s mental capacity (Mrs X). She said this meant decisions about Mrs X’s power of attorney were invalid and Mrs Y now wants the Council to carry out another investigation.

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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 to us saying the Council failed to properly consider her mother (Mrs X’s) mental capacity. She said this affected Mrs X and meant decisions about Mrs X’s power of attorney were invalid.
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