Summary: We will not investigate Mr X’s complaint about how the Council interacts with his organisation. We cannot achieve the outcome he wants.

The complaint

1. Mr X’s organisation (the Organisation) provides financial support to individuals, either at their request or as a court appointed deputy. He complained about the Council, in its own role as a court appointed deputy and how it interacted with the Organisation. He said the Council did not include the Organisation in discussions about vulnerable adults, therefore, they were not given the opportunity to consider services provided by the Organisation. Mr X wants the Council to involve the Organisation in its decision making.

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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 impact 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 or continue an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the Council. Mr X is complaining on behalf of the Organisation. He has not suffered a personal significant injustice. Therefore, we will not investigate this complaint.
6. Additionally, his complaint is about how the Council interacts with the Organisation to deliver services to vulnerable adults. He wants the Council to involve the Organisation in discussions at the outset where people might need support. This is not something we could direct the Council to do. The Council has confirmed the matter is with its legal service who will respond to Mr X’s request. If Mr X is unhappy with the outcome of those discussions, it would be appropriate to raise these matters with his local councillor or MP. If he has concerns about the Council in its role as a court appointed deputy, that would be a matter for the the Office of Public Guardian.

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Final decision

7. We will not investigate Mr X’s complaint because we cannot achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman