Summary: The Ombudsman will not investigate Mr B’s complaint about the Council’s refusal to help him with his problems and his wish to move to alternative accommodation. This is because there is no evidence of fault by the Council and an investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, who I refer to as Mr B, complains about the Council’s refusal to help him with his problems and his wish to move to alternative accommodation. He says his situation is causing him to suffer and he wants the Council to take action.

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

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Mr B and the Council. I gave Mr B the opportunity to comment on my draft decision and considered what he said.

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What I found

4. Mr B receives help from the Council’s social care team. He is in receipt of direct payments and so has control of how to use the monies paid to him to meet his needs.
5. The Council reviewed Mr B’s care needs in May 2019 and found no change to his eligible needs.
6. Mr B wants to move to alternative accommodation. The Council says it considers him to be adequately housed but that it has told him what he needs to do if he wants to bid for properties.

Assessment

7. It is clear Mr B is unhappy with his current situation. However, he has provided no evidence to indicate there has been fault by the Council in how it has dealt with him or how it has responded to him concerning his wish to move to alternative accommodation. If he wants to move, he will need to follow the normal bidding process which the Council has already explained to him.
8. While Mr B responded to my draft decision, he gave no information about where he thinks the Council has been at fault. The criminal offences of robbery, attack and burglary he has referred to are matters for the police and not the Council to deal with.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because there is no evidence of fault by the Council and an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman