The Ombudsman's final decision
Summary: We will not investigate this complaint about potential breaches of contract between the council and a care provider. It is reasonable to expect the care provider to take the matter to court.
The complaint
Mr B says the Council is refusing to meet the needs of a resident in his care home and is treating the resident with disrespect causing the resident emotional distress. Mr B says the Council is refusing to pay the correct fees which is causing him financial distress.
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 complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B runs a care company. Mr B has no consent to raise a complaint on behalf of his resident and we would not consider him a suitable person to raise such a complaint due to conflict of interest.
Mr B raises his own complaint about the Council’s failure to pay the correct rates of pay for the resident’s stay at his care home, and other issues about his contract with the Council. It is reasonable to expect Mr B as a business owner claiming breaches of contract and financial loss to take such matters to court.
Final decision
We will not investigate Mr B’s complaint because he does not have standing to complain on behalf of the resident, and it is reasonable to expect him to take his complaint to court.
Investigator's decision on behalf of the Ombudsman