Summary: We will not investigate Miss X’s complaint about the care provided to her grandfather by his care home. This is because she is not a suitable representative to bring this complaint on her grandfather’s behalf.

The complaint

1. Miss X complains about the care provided to her grandfather by his care home.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I do not consider Miss X to be a suitable representative to make this complaint on behalf of her grandfather, Mr Z, who has died. This is because when Mr Z was alive, he stated he did not wish for any information to be shared with Miss X. This was due to a dispute within the family. Therefore, it is unlikely Mr Z would consent, if he were alive, to Miss X raising this complaint on his behalf.
6. In addition, there is evidence Mr Z had clearly stated which of his children he wished to be involved in his care. Therefore, if there were any concerns about the quality of the care and support provided to Mr Z, it is more appropriate for the complaint to be made by them.

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Final decision

7. We will not investigate Miss X’s complaint because she is not a suitable representative to bring this complaint on her grandfather’s behalf.

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Investigator's decision on behalf of the Ombudsman