Summary: We will not investigate Mr X’s complaint about how the Council handled his friend’s, Ms Y’s, move to a care home. This is because the Council has not yet considered Ms Y’s complaint and if Ms Y is dissatisfied with the Council’s actions, it is reasonable for Ms Y to ask the Council to do so.

The complaint

1. Mr X complains on behalf of his friend, Ms Y. He complains about how the Council handled Ms Y’s move to a care home. He also complains the Council poorly handled his complaint.

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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:

• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal; or

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

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My assessment

5. In 2022, the Council supported Ms Y to move to a new care home. Mr X was dissatisfied with how Ms Y’s social worker handled the move and complained to the Council on Ms Y’s behalf.
6. The Council visited Ms Y to discuss the complaint. It decided she had capacity to bring a complaint if she chose to do so. During the meeting, Ms Y told the Council she was happy for the complaint to be closed with no further action.
7. On this basis the Council wrote to Mr X and told him it would not investigate. Mr X then brought the complaint to us.
8. We will not investigate this complaint. Where possible, complaints are best resolved locally, by the body providing the service. We would expect a person to complain to the Council and for the Council to have the opportunity to consider and respond to a complaint before bringing it to us. The Council has not investigated this complaint because Ms Y told it she did not want it to take further action. If Ms Y has changed her view and now wants the Council to investigate, it is reasonable for her or Mr X to now ask the Council to consider her complaint.
9. Mr X also complains about poor complaint handling. We will not investigate this as it is not a good use of our resources to investigate the complaint handling where we are unable to deal with the substantive issue.

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Final decision

10. We will not investigate Ms Y’s complaint because the Council is better placed to consider her concerns. It has not yet investigated Ms Y’s complaint and it is reasonable for her or Mr X to ask the Council to do so.

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Investigator's decision on behalf of the Ombudsman