Schedule 5
Health Bill [Lords]
6:45 pm
Mike O'Brien (Minister of State (Health Services), Department of Health; North Warwickshire, Labour)
The Bill allows persons to complain on someone else’s behalf. If someone has died, or is otherwise unable to authorise someone else to complain on their behalf, a personal representative, or someone who appears to be suitable to the ombudsman, may complain. It gives a certain amount of discretion to the ombudsman. If someone has died, the estate or personal representatives in law will be in that category. The amendment would remove the right of personal representatives of a deceased person to complain, and instead, create the right for someone who has the power of attorney to do so.
The Bill allows someone authorised in writing by the person affected to make the complaint on their behalf. This could include a person with the power of attorney, so the power of attorney could, in any event, do that. But that is not enough for two reasons. First, since many service users are elderly and frail, it is a sad reality that they could have died before the complaint can be pursued. Secondly, they may be unable to authorise someone to act on their behalf. If the person affected has died, there may be a personal representative who will need to take that forward for the broader public good and to ensure that they are satisfied about how things were done in a particular circumstance. It is appropriate that they should have the ability to do so.