Summary: We will not investigate the Council’s handling of Mrs X’s complaint about Mrs X’s mother being controlled by another relative. This is because there is not enough evidence of fault to justify investigating and also because we cannot achieve the outcome Mrs X wants.

The complaint

1. Mrs X complains the Council has ignored her concerns about her mother being controlled by another relative. Mrs X says she has not had any contact with mother for many years. Mrs X says now that a Power of Attorney has been revoked, she would like the Council to take over the care of her mother.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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
• 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

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

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My assessment

5. The Council’s response to Mrs X includes recent information from the Office of the Public Guardian which is the agency that monitors attorneys (OPG). This information does not corroborate Mrs X’s version of events.
6. Further, the Council details Mrs X’s safeguarding reports over the past 5 years. It says her mother has been visited several times and her wishes recorded. The Council advises that it does not intervene in family disputes.
7. We will not investigate. This is because there is not enough evidence of fault in the Council’s decision reached after it checked Mrs X’s claim with the OPG.
8. Further, we cannot achieve the outcome requested as I do not see any grounds for us to ask the Council to intervene. If Mrs X considers her mother is under coercive control of another person she may report this to the Police as a potential crime for it to investigate.

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Final decision

9. I will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council and because we cannot achieve the outcome requested.

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Investigator's decision on behalf of the Ombudsman