Summary: We will not investigate Mr X’s complaint that the Council failed to carry out mental capacity assessments for his sister. This is because there is no worthwhile outcome achievable by us investigating and we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complained the council failed to carry out mental capacity assessments for his sister (Y). Mr X said this meant that Y was able to make decisions around the sale of a property, which he believed she did not have the capacity to do so. Mr X said this has had a financial impact.

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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:

• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(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. Mr X and the Council provided information relating to Y’s involvement with the Council, in which the council have accepted concerns about how it considered her capacity to make financial decisions.
6. We will not investigate this complaint. Y’s death is subject of coronial proceedings, and the Coroner, is better placed to examine the Council’s actions here. The Coroner also has the power to make recommendations to the Council about their findings.
7. Additionally, it is unlikely we could make a determination, even on a balance of probabilities, that any fault in the Council’s actions, led to the injustice Mr X has claimed.
8. Finally, Mr X seeks reimbursement of a substantial amount of money as an outcome of his complaint. This is not an outcome that we can achieve and one that only a court could.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to achieve a worthwhile outcome and cannot achieve what Mr X is seeking.

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Investigator's decision on behalf of the Ombudsman