Summary: We will not investigate this complaint about failures in adult social care process to appoint a representative. The Council apologised for the impact of its fault and redid the process. We are satisfied with the actions the Council has taken and it is unlikely we would add anything further or reach a different outcome.

The complaint

1. Mr B says the Council failed to follow the correct process, as it applied to the Court of Protection to appoint a Rule 1.2 Representative for his partner Ms C without consulting him. This has caused distress and a loss of trust. Mr B wants acknowledgement and apology, and the process to be completed properly.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

3. Ms C cannot consent to a complaint. We do not accept Mr B as a suitable representative for Ms C because there are other more suitable representatives who have a formal standing to act for her. However, we have considered this complaint on Mr B’s own behalf.
4. 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:

• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

5. 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. A Rule 1.2 Representative is required when a Community Deprivation of Liberty Safeguards (DoLS) order is put in place. The representative might be a friend or relative, or a paid professional. The Court of Protection appoints the representative.
9. The Council accepted it was wrong not to consult with Mr B and give him an opportunity to express an interest in being Ms C’s Rule 1.2 Representative. The Council apologised and re-engaged the process. The Council tells us Mr B decided not to put himself forward.

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Final decision

10. We will not investigate Mr B’s complaint. Although there was fault by the Council, we are satisfied with the actions it has already taken to correct the situation and acknowledge the impact on Mr B. It is unlikely an Ombudsman investigation would achieve anything further.

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Investigator's decision on behalf of the Ombudsman