The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council has failing properly to investigate and respond to Mrs G’s complaints about its handling of Ms H’s living arrangements, care and support. because she does not have formal authority or reasonable standing to represent Ms H, and her involvement has insufficient basis to create a Council obligation or injustice to her in her own right.
The complaint
Mrs G says for Ms H and herself the Council has failed properly to investigate and respond to her complaints about its handling of Ms H’s living arrangements, care and support.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We may investigate a complaint on behalf of someone who cannot authorise someone to act for them. The complaint may be made by: someone with legal authority to represent them (if they have one), or someone we consider to be suitable.
(Local Government Act 1974, section 26A(2), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs G first became involved with Ms H in late 2019 under a befriending service intended to meet some Ms H’s support needs. The arrangement ended in early 2020, partly because of the Covid-19 pandemic and lockdown, and partly because of concerns about Mrs G overstepping the boundaries of her role. Although Mrs G’s friendship with Ms H continued, the Council considered a safeguarding concern about Mrs G’s involvement.
The Council says Ms H has her own advocate and a solicitor, and some questions about the arrangements for her have been or are before the Court of Protection because she does not have the mental capacity to make those decisions for herself.
Ms H has not given written consent for Mrs G to complain for her, either to the Council or to us, and the Council has rejected Mrs G’s complaints on that basis.
I am satisfied Mrs G does not have a close enough involvement with Ms H to give her standing to complain for her, and she is not therefore a suitable representative for our purpose.
Equally there is no basis for us to decide the Council has caused Mrs G herself significant injustice we need to consider. I recognise Mrs G may remain a friend to Ms H, but that is not enough to require the Council to involve her in what it needs to do for Ms H, or to create injustice to Mrs G if it does not.
If Mrs G thinks otherwise, it would be reasonable for her to resolve the matter by applying to the Court of Protection for formal authority to represent her.
Final decision
We will not investigate Mrs G’s complaint because she does not have formal authority or reasonable standing to represent Ms H, and her involvement has insufficient basis to create a Council obligation or injustice to her in her own right.
Investigator's decision on behalf of the Ombudsman