Plymouth City Council (21 006 480)
Category : Adult care services > Domiciliary care
Decision : Closed after initial enquiries
Decision date : 19 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the care provided to Mr X’s neighbour. This is because Mr X does not have consent or standing to complain on behalf of his neighbour.
The complaint
- The complainant, whom I shall refer to as Mr X, complains about the domiciliary care received by his neighbour. Mr X says failings in the care delivered have led to anti-social behaviour by his neighbour. This has had a significant impact on Mr X and his family.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
- We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
How I considered this complaint
- I considered information provided by Mr X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X does not have consent or standing to complain on behalf of his neighbour about the level of care he is receiving. We cannot therefore consider this point. But if Mr X feels there are safeguarding issues affecting his neighbour, then he can raise them with the Council.
- The injustice Mr X claims flows from anti-social behaviour by his neighbour. The Council has a duty to respond to complaints about such matters. Mr X says he is pursuing this point with the Council. If Mr X is unhappy with the Council’s response he can make a fresh complaint to the Council, and ultimately, the Ombudsman.
Final decision
- We will not investigate Mr X’s complaint because he does not have consent or standing to complain on behalf of his neighbour.
Investigator's decision on behalf of the Ombudsman