The Ombudsman's final decision
Summary: The complaint will be discontinued because we cannot achieve the outcome Ms X is seeking, that the Council hold a best interest meeting for her friend.
The complaint
Ms X complains the Council has refused to engage with her following the concerns she has raised about her friend Ms Y.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: we cannot achieve the outcome someone wants, or (Local Government Act 1974, section 24A(6))
How I considered this complaint
I have considered the written complaint and supporting information provided by Ms X. I have also considered the information supplied by the Council, which includes information of its contact with Ms Y.
What I found
Ms X says the Council refused to hold a best interest meeting to determine the care and support Ms Y requires, and to involve her in such a meeting. Ms X says the Council has failed to respond to videos made by Ms Y in which she expresses her needs and her concerns about her past.
Ms X says Ms Y is being taken to her flat in an area where she had bad memories which leaves her subject to flashbacks.
Ms X believes the Council should allow her to discuss Ms Y’s best interests both in terms of the care and treatment she receives and where she should live. Ms X believes Ms Y should sell her flat, which she says is unsuitable as it is on the top floor, and buy one in the same block as her and receive a live-in carer under continuing care funding.
The Council’s records show it is aware of the queries being raised about Ms Y’s capacity. A capacity assessment has been completed regarding Ms Y’s ability to make decisions relating to her care and support. The assessment was undertaken involving social care and the speech and language service.
Ms Y was also asked who she wished to be informed of and involved in discussions regarding her care and support needs. Her views on this are recorded and do not include Ms X.
Analysis The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether a person disagrees with the decision the organisation made.
I am satisfied the Council followed the correct process to determine Ms Y’s capacity to make decisions about her care and support. It considered all relevant information and took account of Ms Y’s wishes.
There is no evidence of fault by the Council in its refusal to hold and include Ms X in a best interest meeting.
Final decision
The investigation will be discontinued. We cannot achieve the outcome Ms X is seeking.
It is on this basis the complaint will be discontinued.
The complaint will now be closed.
Investigator's decision on behalf of the Ombudsman