Summary: We will not investigate Mr & Mrs X’s complaint about the Council’s lack of care and support for Mr Y. This is because there is no sign of fault in the Council’s decision not to consider their complaint without Mr Y’s consent.

The complaint

1. Mr & Mrs X, complain on behalf of Mr Y about the Council’s lack of care and support for him. Mr & Mrs X say Mr Y is a vulnerable adult with significant care and support needs which are not being met.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr & Mrs X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr & Mrs X complained to the Council on behalf of Mr Y that it had failed to meet Mr Y’s care and support needs.
7. The Council sought Mr Y’s written consent for the complaint to be made on his behalf as Mr Y has capacity. Mr Y did not provide his consent. The Council said that it asking Mr Y to provide consent had caused him distress. The Council explained to Mr & Mrs X that it could not consider the complaint further without Mr Y’s consent.
8. We will not investigate this complaint. This is because there is no sign of fault in the Council’s decision not to consider the complaint further without the required consent from Mr Y.
9. I note Mr Y has provided written consent for the complaint to be made to this office. If Mr Y wants Mr & Mrs X to pursue the complaint for him he will first need to provide consent to the Council for it to consider the matter via its complaints procedure. We are the final stage after the Council has had the opportunity to consider a complaint via its full complaints procedure. We do not consider complaints where, as here, the Council has not yet had the opportunity to fully consider it.

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Final decision

10. We will not investigate Mr & Mrs X’s complaint because there is no sign of fault in the Council’s decision not to consider the complaint without Mr Y’s written consent.

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Investigator's decision on behalf of the Ombudsman