Summary: We will not investigate this complaint about the actions of the Council concerning Mr X’s deceased friend and her children. Mr X does not have parental responsibility for the children, and we could not make any finding or recommend any remedy relating to his friend.

The complaint

1. Mr X is a friend of a person who has died. He said the Council failed the person and her children before her death. He said the Council has wrongly refused to accept his complaint about this.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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:

• 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))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X does not hold parental responsibility for his friend’s children. While he is no doubt concerned for them, a person with parental responsibility or a member of their family would be better suited to act as their representative.
8. Were we to investigate matters involving Mr X’s friend alone, we could not make any finding about responsibility for her death, or make any recommendations for remedy. That would be for a coroner to decide. Investigation by us would be unlikely to lead to any worthwhile outcome.

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Final decision

9. We will not investigate Mr X’s complaint because:

• He is not a suitable representative for his late friend’s children; and
• A coroner would be better placed to make findings about responsibility for his friend’s death and consequent recommendations.

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Investigator's decision on behalf of the Ombudsman