Summary: We will not investigate this complaint the Council refused to respond to a complaint. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mrs X complained the Council refused to investigate her complaint about how it completed a mental capacity assessment for a vulnerable adult, Mr Y. She said it failed to ensure Mr Y had access to an independent advocate, and that the Council’s actions had breached his rights. Mrs X wants the Council to review its procedures.

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The Ombudsman’s role and powers

2. 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.

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

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How I considered this complaint

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

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My assessment

5. We will not investigate Mrs X’s complaint about the Council. The Council did not accept the complaint because it did not have Mr Y’s consent for Mrs X to act on his behalf. Therefore, data protection restrictions prevented it from investigating. There is not enough evidence of fault in how it made that decision to justify our involvement.
6. The Council has confirmed to the Ombudsman that an independent advocate has met with Mr Y to discuss his wishes. That advocate would be the best person to bring a complaint to the Ombudsman on Mr Y’s behalf.

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Final decision

7. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman