Summary: We will not investigate Ms X’s complaint about the Council’s decision to seek a financial appointee for her son because there is not enough evidence of fault. And we will not investigate Ms X’s complaint that the Council has blocked her access to her son because this is premature.

The complaint

1. Ms X complains the Council:
• is seeking to remove her rights to act as financial representative for her son and
• has stopped her from seeing her son - blocking visits and holidays, in retaliation to her raising complaints.

Back to top

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:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council explained its concerns over Ms X’s management of her son’s finances. It is entitled to raise these with the Department for Work and Pensions (“DWP”) and seek it appoint someone to manage his benefits. There is not enough evidence of fault to justify an investigation. The DWP is better placed to consider any further dispute over the named appointee.
7. Ms X has not yet complained to the Council that it has stopped her from seeing her son. It is reasonable to give the Council the opportunity to investigate and reply to the complaint first. Therefore, I will not investigate. Ms X can contact us again if she remains unhappy after completing the Council’s complaints process.
8. The documents provided show the Council otherwise addressed Ms X’s concerns over mould, diet and care. I note Ms X disagrees with the Council over how best to meet her son’s diet and care needs. However, it remains for the Council to consider his wishes and make decisions it considers are in his best interests.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of fault.

Back to top

Investigator's decision on behalf of the Ombudsman