The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about the Council interfering with his rights as a deputy because there is not enough evidence of fault to justify investigating.
The complaint
Mr B says the Council told him his brother would be dealing with their mother (Mrs C’s) finances and would do her shopping. Mr B feels the Council has interfered as he has power of attorney to act for his mother.
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: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
A lasting power of attorney (LPA) is a legal document that allows you to appoint one or more people to make decisions on your behalf during your lifetime. Mrs C has appointed Mr B and his brother to be her attorneys.
The LPA allows Mr B and his brother to make decisions about Mrs C’s property and finances, and they can make those decisions together or separately.
Mr B’s complaint is predominantly about decisions his brother has made, rather than decisions the Council has made. If Mr B has concerns about how his brother is acting as joint attorney, he needs to pursue that with the Office of the Public Guardian, who oversee deputies.
The Council has responded to Mr B’s complaint, and it is unlikely the Ombudsman could add to that investigation or reach a different outcome.
Final decision
We will not investigate Mr B’s complaint because on the evidence currently available there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman