Summary: Ms X complains about the Council’s response to various concerns she has raised. The Ombudsman will not investigate the complaint because we are unlikely to find evidence of fault.

The complaint

1. The complainant, who I refer to as Ms X, says the Council’s social services have not provided her with any help. She also complains about various building issues which the Council has not addressed and which she says have left her property unsafe. She also complains about having to pay the bedroom tax. She feels she is being discriminated against and ignored.

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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’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

3. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

4. In considering the complaint I reviewed the information provided by Ms X and the Council. I gave Ms X the opportunity to comment on my draft decision and considered what she said.

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What I found

5. Ms X has health problems and lives alone with her adult disabled son in a three-bedroom housing association property for which she has to pay a bedroom tax because she has a spare bedroom.
6. Over time she has contacted the Council with numerous concerns about her situation and that of her son. This complaint concerns Ms X’s situation only. There is an ongoing separate complaint which relates to her son and his situation.
7. In November 2019 Council officers met with Ms X so they could address all the issues and concerns she raised. It followed this up with a letter in December 2019 which set out its position on the various matters and advised that this was the final response to her on them.
8. With regard to the building issues she raised, it explained that the slabs outside her property were not its responsibility and were not linked to a Disabled Facilities Grant. It confirmed it had inspected her kitchen and that while it was small, it was adequate. It advised that a Safe and Well visit by the local Fire Brigade could be arranged for her. It also confirmed that it had inspected the ramps and access to her property and found them to be adequate for her and her son’s needs.
9. With regard to health issues, the Council explained that hospital transport and problems with the health trust and her GP were matters she should take up with those bodies and not the Council. At Ms X’s request, it confirmed it had arranged for a Mental Health assessment and it also offered to carry out a Care Act assessment for her in her own right and as her son’s carer.
10. The Council concluded by explaining that due to the unacceptably high levels of contact from her, blocks had been placed on the phone lines of two officers and a councillor but it gave her details of the Social Care Team she could contact if needed.
11. In May 2020, a Social Services manager wrote to Ms X to explain officers would not meet with her again as she had requested due the pandemic and because the Council considered it had already addressed her concerns.
12. In June 2020 the Council responded to a further complaint Ms X made concerning support she had received from staff. It referred her to the November 2019 meeting and the action taken in relation to her case. It found no evidence that she had been ignored or discriminated against and repeated who she could contact about any new concerns.

Assessment

13. While I understand Ms X is not happy with the responses she received from the Council, I have seen no evidence to suggest there has been fault in the way it has dealt with her or any evidence to suggest she has been discriminated against.
14. Ms X made a very high number of phone calls to some officers which required her access to them to be blocked. However, the Council has made clear who she can contact should she need to.
15. Ms X’s concern about paying a bedroom tax because she has a spare bedroom is not a matter the Ombudsman can investigate. This is because Ms X appealed to the tribunal about this and so by law we cannot look at it now.
16. In responding to my draft decision, Ms X went over a number of issues with which she is concerned but which are not the responsibility of the Council. Her concerns about her GP and transport to hospital appointments, and those concerning the maintenance of her home, need to be directed to the health trust and to the housing association which acts as her landlord.
17. It is the case that because Ms X appealed to the tribunal about the imposition of the bedroom tax, we cannot investigate the matter and, in accordance with the law, we have no discretion here.

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Final decision

18. The Ombudsman will not investigate this complaint. This is because we are unlikely to find evidence of fault.

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Investigator's decision on behalf of the Ombudsman