Summary: We will not investigate Mr X’s complaint that the Council unreasonably put his proposed client, Mrs Y, at risk of harm by not proceeding with arranging a place for her in his care home. This is because Mr X is not a suitable person to represent Mrs Y or her daughter in the complaint.

The complaint

1. Mr X runs a care home. He complains due to a contractual dispute about arrangements the Council wished to make for providing him care to members of the public the Council stopped Mrs Y’s placement at his care home from going ahead and put her at risk of harm in her existing placement. He says her daughter and attorney, Mrs Z, has authorised him to complain for Mrs Y.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We may investigate a complaint on behalf of someone who cannot authorise someone to act for them. The complaint may be made by someone we consider to be suitable.

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

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How I considered this complaint

4. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

5. It is clear from the information Mr X has provided that the breakdown in Mrs Y’s proposed placement at Mr X’s care home resulted from a contractual dispute between Mr X and the Council. This concerned the terms of the proposed placement, which Mr X puts in context by explaining the disagreements he has had with the Council on the subject over several years.
6. While Mr X claims to have consent to pursue a complaint on behalf of Mrs Y, as attorney it is unlikely Mrs Z can by law delegate her authority to Mr X.
7. However, Mr X is not a suitable person to represent Mrs Y in any event. A clear conflict of interests arises in the matter because:
1. the provision of services by his company would have amounted to actions on behalf of the Council and generate revenue for him which creates a clear conflict of interests in him seeking to provide those services; and
2. it is also apparent the dispute between Mr X and the Council over contract terms was relevant to the placement not going ahead. Mr X’s actions are therefore a contributing factor to the matter.
8. Although we will not investigate the complaint from Mr X, Mr X says that Mrs Y’s daughter holds power of attorney to deal with her affairs and we could therefore consider a complaint from her about the Council’s actions.
9. Mr X is also unhappy with the way the Council dealt with his complaint. It is not a good use of public money to look at the Council’s complaints handling if we are not investigating at the subject of the complaint, so we will not do so.

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Final decision

10. We will not investigate this complaint because Mr X is not a suitable person to represent Mrs Y or Mrs Z.

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Investigator's decision on behalf of the Ombudsman