Summary: Mr X complains that individuals from the care home next to his property are throwing items into his garden. He says the incidents could have led to him and his wife becoming injured and they now fear using their garden. He states their health and wellbeing has also been affected and wants the matter resolved. The Ombudsman will not investigate Mr X’s complaint. This is because we only investigate complaints about care providers which relate to the provision of care.

The complaint

1. The complainant, who I shall refer to as Mr X, complains that individuals from the care home next to his property are throwing items into his garden. He says the incidents could have led to him and his wife becoming injured and they now fear using their garden. He states their health and wellbeing has also been affected and wants the matter resolved.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about adult social care providers, specifically relating to the care they provide to those who use their services. We do not investigate complaints against these providers about any matter other than privately arranged or funded adult social care.
4. We normally name care homes in our decision statements. However, we will not do so if we think someone could be identified from the name of the care home. (Local Government Act 1974, section 34H(8), as amended)

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How I considered this complaint

5. I considered the information submitted by Mr X and provided him with an opportunity to comment on my draft decision.

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What I found

6. Mr X says individuals from the care home located next to his property have thrown brooms, brushes and other items into his garden. He says he contacted the care provider’s area manager about the issue but it remains unresolved.
7. Section 35 of the Health Act 2009 states the Ombudsman can investigate complaints about “privately arranged or funded adult social care”. This means we only investigate complaints about care providers which relate to the care being delivered to their service users. We do not investigate complaints about any matter which is not related to the provision of care. Therefore, I will not investigate Mr X’s complaint.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because we only investigate complaints about care providers which relate to the provision of care.

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Investigator's decision on behalf of the Ombudsman