Summary: We will not investigate Mr X’s complaint about care charges at sheltered accommodation. That is because the complaint is invalid as we have previously issued a decision on the matter. We will also not investigate Mr X’s complaint that the care does not meet his needs. That is because further investigation would not lead to a different outcome.

The complaint

1. Mr X complained about care chare charges at sheltered accommodation he lives in. He said the care does not meet his needs. He wants to purchase his own care from a different provider. Mr X also complained that the Council was placing unsuitable tenants in the sheltered accommodation. He said he was frequently called upon to support these tenants. He wants the Council to financially reimburse him for 13 years of unpaid labour.

Back to top

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:

• further investigation would not lead to a different outcome, or
• it would be reasonable for the person to ask for a council review.

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

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. We previously issued a decision about the care charges Mr X pays to live in sheltered accommodation. Therefore, we will not consider those matters further.
6. We will not investigate Mr X’s complaint that the care provided does not meet his needs. The Council has offered to complete a further Care Act assessment for Mr X to review his needs. It is reasonable for Mr X to engage with this if he believes the current care provided is not meeting need. The Council has explained that if Mr X would like to purchase care from a different provider, he would need to pay for this in addition to the care costs included with the sheltered accommodation. Alternatively, it said it would support him into a new tenancy without extra care provision, so he could purchase his own care. Although Mr X is unhappy with the Council’s response, further investigation would not lead to a different outcome.
7. Mr X also complained that he provides unpaid support to other residents as the sheltered accommodation was not suitable for their needs. There is no requirement for Mr X to provide support to his fellow residents. The sheltered accommodation has emergency call bells which residents can use to access support. Therefore, any injustice is not caused by the Council’s actions. If any other resident feels the sheltered accommodation does not meet their needs, they would need to make a complaint to the Council in their own right. Therefore, we will not consider this complaint further.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman