Summary: We will not investigate Miss X’s complaint about the Council’s decision to end her friend’s direct payments. This is because she is not a suitable representative to bring this complaint on her friend’s behalf.

The complaint

1. Miss X complains about the Council’s decision to end her friend’s direct payments in June 2024.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says she has been a carer for her friend, Mr Z, for over 15 years. Mr Z moved to the Council’s area to live with Miss X. The Council completed a care assessment which identified Mr Z had care and support needs. The Council initially agreed to provide direct payments to allow Mr Z to commission Miss X to provide his care and support.
6. The Council said it completed a mental capacity assessment in June 2024. This determined Mr Z did not have capacity to make financial decisions. Therefore, direct payments were no longer an option for him. The Council said it offered a commissioned service instead and explored the option of Miss X becoming Mr Z’s shared lives carer. The Council said Miss X declined the options offered.
7. Miss X disagrees with the Council’s decision that Mr Z lacked capacity and says the Council completed the assessment when Mr Z was in a delirious state. We have received a signed consent form from Mr Z consenting for Miss X to make this complaint on his behalf.
8. However, the Ombudsman has discretion to decide whether the person has capacity to give consent for a representative to bring the complaint, as well as whether the named representative is suitable. In this case, there is some evidence to suggest Mr Z may lack capacity to give consent for Miss X to bring this complaint on his behalf, especially since this complaint is about direct payments and is a financial matter.
9. Further, there is some evidence to suggest Miss X may not be a suitable representative. This is because there is a conflict in interest as Miss X stands to financially gain from the direct payments being reestablished. Additionally, the Council has raised concerns about Miss X with the Office of the Public Guardian (OPG). The Council has confirmed the OPG is currently investigating its concerns.
10. Therefore, at this stage, I am not satisfied Miss X is a suitable representative to make this complaint on Mr Z’s behalf. Once the OPG’s investigation has concluded, we can revisit our position if Miss X brings the complaint back to us.

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Final decision

11. We will not investigate Miss X’s complaint because she is not a suitable representative to bring this complaint on Mr Z’s behalf.

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Investigator's decision on behalf of the Ombudsman