Summary: We will not investigate this complaint about adult social care. We are satisfied with the actions the Council has taken in response to the complaint, including apologising to the complainant for distress caused by failing to accept her power of attorney. An Ombudsman investigation is unlikely to add anything further. There are other bodies better placed to consider the concerns about the actions of attorneys and what care is in a persons best interests.

The complaint

1. Ms C says the Council has failed to properly communicate with her about her relative, Mr D’s, care, despite her power of attorney. This has caused her stress, and she worries Mr D’s care needs are not being met. Ms C wants her opinion heard and Mr D’s care needs to be adequately met.

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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 could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

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

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

6. The Council is not responsible to meet Mr D’s adult social care needs. The Council completed an assessment of Mr D’s care and support needs. Mr D has attorneys to make decisions about his health and welfare and can fund his own care, so Mr D’s care is arranged privately. Ms C is one of four attorneys for Mr D’s health and welfare. The attorneys can act severally and so can make decisions independent of each other. The outcome Ms C seeks of arranging care services to meet Mr D’s needs is not an outcome the Council or the Ombudsman can achieve. This is an issue for the attorneys to resolve.
7. If Ms C has concerns that an attorney is not acting in Mr D’s best interests, then she can report her concerns to the Office of the Public Guardian.
8. It is reasonable for the Council to expect the attorneys to share information with one another, and for the Council to not have to contact each attorney separately. The Council accepts it was wrong when it told Ms C her power of attorney did not hold as much weight as other attorneys. The Council has apologised, reminded staff of the correct situation, and changed Mr D’s social worker.

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Final decision

9. We will not investigate Ms C’s complaint because we are satisfied with the actions the Council has taken in response to the complaint. It has thoroughly investigated and responded and acknowledged the impact on Ms C caused by its failure to accept her power of attorney. The main injustice to Ms C is caused by the friction between the attorneys rather than the actions of the Council.
10. The Office for the Public Guardian (OPG) and the Court of Protection (COP) are better placed to deal with Ms C’s concerns. If Ms C believes an attorney is not acting in Mr D’s best interests, then she can report them to the OPG. If Mr D does not have capacity to decide about his care support, and the attorneys cannot agree, then Ms C can ask the COP to decide.

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Investigator's decision on behalf of the Ombudsman