Summary: We will not investigate this complaint about incidents in Mr A’s supported accommodation. An investigation would not be able to reach meaningful findings about Mr A’s concerns and an assessment found he no longer needs the level of support the placement provides.

The complaint

1. Mr A complains that the relevant authorities have failed to remove a disruptive and inappropriate resident from the shared, supported accommodation they both live in. Mr A said the other resident’s behaviour causes him distress every day. He said it also causes other residents and their neighbours distress.
2. At the time of Mr A’s original complaint his care was funding through section 117 of the Mental Health Act 1983 (the MHA). Plymouth City Council (the Council) and NHS Devon Integrated Care Board (the ICB) provided equal funding under their respective s117 duties. The Council and ICB work in partnership with Livewell Southwest.

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The Ombudsmen’s role and powers

3. The Local Government and Social Care Ombudsman and Health Service Ombudsman have the power to jointly consider complaints about health and social care. (Local Government Act 1974, section 33ZA, as amended, and Health Service Commissioners Act 1993, section 18ZA). The Local Government and Social Care Ombudsman investigates complaints about adult social care providers. (Local Government Act 1974, sections 34B, and 34C, as amended). The Health Service Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’ in the delivery of health services (Health Service Commissioners Act 1993, section 3(1)).
4. We provide a free service, but must use public money carefully. They may decide not to start or continue with an investigation if they believe:

• it is unlikely they would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify their involvement, or
• it is unlikely they could add to any previous investigation by the bodies, or
• we cannot achieve the outcome someone wants.

(Health Service Commissioners Act 1993, section 3(2) and Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered the information provided to the Ombudsmen along with information we got from the Council.
6. I considered LGSCO’s Assessment Code.

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What I found

7. Mr A moved into supported accommodation in April 2021. In June 2023 he complained to the Council that another tenant been breaking the rules of the shared accommodation for a long time. Mr A said their behaviour made it very difficult and disruptive to live in the accommodation. Mr A complained about a failure to evict the problematic tenant.
8. The Council contacted the supported living provider and asked about its experiences of working with Mr A and the other tenant. They also considered copies of the care plans for both tenants and asked the provider questions about its policies and procedures. The Council provided feedback to the provider.
9. The Council provided a brief response to Mr A’s complaint at the end of July 2023. It later had a meeting with the provider in September 2023.
10. In September 2023 a social worker assessed Mr A’s needs under the Care Act 2014. The assessment concluded that Mr A was no longer in the right sort of placement and that he should move on to a more independent living environment. It also noted that Mr A had “evidenced that he has been in telephone and email contact with a variety of housing options such as Plymouth Community Homes and private renting agents. He has been proactive on taking onboard that he no longer needs to reside at” the current placement.
11. In January 2024 Mr A was served with a notice to end his tenancy in his placement. The Council confirmed it was currently exploring housing options for Mr A through the private rented sector and its housing register.
12. Based on the available evidence it appears unlikely that that an investigation would be able to uncover good evidence of fault. It seems likely that any available evidence would present conflicting accounts of events, and there would be no objective way for the Ombudsmen to determine whether services had properly monitored and responded to undefined actions of another service user.
13. Also, the Ombudsmen would not be able to recommend that a tenant be served notice from the supported accommodation. An investigation is also not likely to lead to any worthwhile outcomes as the Council has confirmed it is supporting Mr A with finding new housing as he no longer needs the same level of care and support. An investigation would not lead to any further recommendations.

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Final decision

14. We will not investigate Mr A’s complaint because it is unlikely an investigation would be able to find sufficient independent, reliable evidence to make clear findings of fault. Further, an investigation is unlikely to be able to achieve anything more for Mr A.

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Investigator's decision on behalf of the Ombudsman