Walsall Metropolitan Borough Council (23 014 392)
Category : Adult care services > Domiciliary care
Decision : Closed after initial enquiries
Decision date : 13 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the care Mr X received. We do not consider the representative, Mr Y, to be suitable.
The complaint
- Mr Y complained about the domiciliary care his brother, Mr X received prior to his death.
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 has died or who cannot authorise someone to act for them. 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 complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X and Mr Y were brothers. Mr X lacked capacity and decisions were made by his mother Mrs M. He lived in the community and received a package of care from a Care Provider.
- Following his death in 2023, Mr Y complained about the care Mr X received between 2019 and his death. He also said their mother, Mrs M, had dementia and had been unable to make decisions.
- The Care Provider responded on behalf of the Council. It explained it had communicated with Mrs M about Mr X’s care because she was registered as his next of kin. It said it did not have permission to share information about Mr X with Mr Y.
- The Care Provider said it was unaware Mrs M had dementia and considered she had capacity to make decisions on Mr X’s behalf.
- I do not consider Mr Y is suitable to represent Mr X. This is because Mrs M was Mr X’s next of kin and all matters relating to Mr X, including his funeral arrangements, were made by her. There is no record of Mrs M complaining about the care Mr X received. And Mr Y has provided information which shows Mrs M did not want him to involve himself on Mr X’s behalf with the Council.
Final decision
- We will not investigate Mr Y’s complaint because we do not consider him a suitable representative.
Investigator's decision on behalf of the Ombudsman