Summary: We will not investigate Mrs X’s complaint about the Council not involving her in decisions about her father, Mr Y’s, care and instead, liaising with the Lasting Power of Attorneys which she said were not appropriate people. This is because the complaint is late and there are no good reasons why she did not complain sooner. It is also unlikely that we would find fault with the Council.

The complaint

1. Mrs X complained the Council did not involve her in decisions about her father, Mr Y’s, care. She said instead, the Council involved Mr Y’s Lasting Power of Attorneys who she said were not appropriate people. Mrs X said it caused her and her father distress and it also delayed her request to transfer her father’s care to another council area. She wants the Council to recognise it acted with fault and to apologise to her for the injustice caused. Mrs X also wants the Council to include her in any decisions it makes about her father’s care and to transfer him to another council area.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X said her father, Mr Y, moved into a care home in late 2022. Mr Y had Lasting Power of Attorneys (LPAs) in place when he moved into the Care Home. Mrs X said the LPAs were not appropriate people to make decisions about her father’s care and raised her concerns with the Council immediately after his placement at the Care Home started.
7. The Office of the Public Guardian conducted an investigation into the suitability of Mr Y’s LPAs. The Office of the Public Guardian is an organisation which protects people who are vulnerable and lack mental capacity to make decisions for themselves regarding their health, welfare and finances. As a result of its investigation, the Court of Protection revoked Mr Y’s LPAs in June 2024.
8. Mrs X complained to the Council and said it had ignored her concerns about the LPAs. She said the Council had continued to treat the LPAs as appropriate people to liaise with and did not include her, as the Next of Kin (NoK) in decisions about her father’s care. Mrs X wanted the Council to include her in such decisions and transfer her father’s placement to another council area.
9. The Council responded to Mrs X’s concerns and said it was legally obliged to liaise with the LPAs which were in place between 2022 and 2024. The NoK has no legal authority to make decisions about someone’s care however, the Council said it had obtained views from Mrs X and other family members in relation to her father’s care. It also visited Mr Y independently from the LPAs and its observations showed he was content with the care he was receiving. The Council said it would complete a review of Mr Y’s care and support needs and consider a transfer of his placement to another council area.
10. We will not investigate Mrs X’s complaint. This is because the complaint is late. We expect people to complain to us after complaining to the council within 12 months of them becoming aware of the matter complained of. Any complaint made after 12 months is late. There are no good reasons why Mrs X did not complain to us sooner.
11. In any case, it is unlikely we would find fault with the Council. It legally had to liaise with the LPAs which were in place at the time in relation to Mr Y’s care. Furthermore, the Council ensured it obtained views from other family members about Mr Y’s care and carried out observations of Mr Y independently from the LPAs which was appropriate.

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Final decision

12. We will not investigate Mrs X’s complaint because it is late and there are no good reasons why she did not complain sooner. It is also unlikely that we would find fault with the Council.

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Investigator's decision on behalf of the Ombudsman