• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• What I found
• Final decision

The Ombudsman's final decision:

Summary: Ms C complained the Council decided her brother has no needs that are eligible for Council support. As a result, her brother has lost his placement at his supported living accommodation scheme and faces homelessness. We decided to discontinue our investigation, because Ms C has made a similar complaint to another body, who is currently investigating these matters.

The complaint

1. The complainant, whom I shall call Ms C, complained to us on behalf of her brother, whom I shall call Mr B. Ms C complained the Council decided her brother has no needs that are eligible for Council support. As a result, her brother has lost his placement at his supported living accommodation scheme and faces homelessness.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered the information I received from Ms C and the Council. I also discussed the case with Social Work England. I shared a copy of my draft decision with Ms C and the Council and considered any comments I received, before I made my final decision.

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What I found

5. Ms C complained that the Council’s needs assessment in 2021 concluded that her brother’s needs do not meet the eligibility threshold for support via the Council. This meant that he was no longer eligible to live at the supported living accommodation where he lived. Ms C said that, as such, her brother would have to leave the scheme and find independent accommodation to live on his own, without support.
6. Ms C told me that she has also made a complaint about what happened, including the Council’s needs assessment, to Social Work England to investigate. Social Work England is the regulator for social workers in England. One of its responsibilities is to investigate and manage ‘fitness to practice’ cases brought against social workers.

Analysis

7. I decided to discontinue my investigation, because the same issues are already currently being considered and investigated by Social Work England.
8. However, Ms C can refer her case back again to the Ombudsman after Social Work England has concluded its investigations, if she wants to.

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Final decision

9. For reasons explained above, I discontinued the investigation.

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Investigator's decision on behalf of the Ombudsman

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