The Ombudsman's final decision
Summary: We will not investigate Mr & Mrs X’s complaint about Mrs Y’s jewellery going missing from the care provider’s care home following her death. They are not suitable representatives as they do not have consent from Mrs Y’s executor to make this complaint on her behalf.
The complaint
The complainants, whom I shall call Mr & Mrs X, complain Mrs Y’s jewellery went missing from the care provider’s care home following Mrs Y’s death. Mr & Mrs X believe the jewellery has been stolen.
The Ombudsman’s role and powers
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We may investigate a complaint on behalf of someone who has died. 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)
How I considered this complaint
I considered information provided by the complainants.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs Y appointed an attorney to deal with her affairs. The attorney is also Mrs Y’s executor. The executor has been asked for, but has not provided, his consent for Mr & Mrs X to make this complaint on Mrs Y’s behalf.
Final decision
We will not investigate this complaint. Mr & Mrs X are not suitable representatives because they do not have consent from Mrs Y’s executor to make this complaint.
Investigator's decision on behalf of the Ombudsman