Lincolnshire County Council

The Ombudsman's final decision

Summary: We will not investigate Mr X’s complaint about the Council’s actions in relation to his mother, Mrs Y. This is because we do not consider him to be an appropriate representative.

The complaint

Mr X complained the Council took his mother, Mrs Y’s, belongings and bank cards without providing an explanation and illegally accessed her bank accounts. Mr X also complained whilst under the care of the Council, his mother had not been able to leave her home. The matter caused Mr X and the family distress. He wants the Council to acknowledge it acted with fault, provide an apology and allow him and his family to be involved in Mrs Y’s care.

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)

How I considered this complaint

I considered information provided by Mr X and the Council.

I considered the Ombudsman’s Assessment Code.

My assessment

Mrs Y lacks mental capacity and Mr X does not have legal authority to make decisions on her behalf in relation to her health and welfare. The Council has explained that in these circumstances, it is unable to share information about Mrs Y with Mr X. We therefore do not consider Mr X to be a suitable representative to pursue a complaint about matters relating to his mother. We will not investigate his complaint.

Final decision

We will not investigate Mr X’s complaint because we do not consider him to be an appropriate representative.

Investigator's decision on behalf of the Ombudsman