Summary: We will not investigate this complaint about adult social services because there is not enough evidence of fault to justify investigating.

The complaint

1. Ms B says the Council has ignored her concerns about actions of a neighbour and failed to provide proper support. Ms B says the Council has not safeguarded her and her daughter. Ms B is exhausted and stressed.

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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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not 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. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. For many years Ms B has had problems caused by the neighbour (Ms C) who lives in the flat above her. A key issue is water coming through to her flat. The Council has explained to Ms B as a homeowner this is a private matter. Ms B needs to take legal advice about how to resolve the issue and claim for any damage to her property.
6. Ms B is concerned for the welfare of Ms C, who does not appear to be looking after herself. The Council advises it has contacted Ms C and it is satisfied Ms C has capacity to make her own decisions. Under the Mental Capacity Act, you have the right to make decisions that others may consider are unwise. It may be the case that Ms C is not looking after herself, for example hoarding, which is causing vermin. But that is a decision Ms C is allowed to make and the Council has no powers to force otherwise. If this is causing problems for Ms B then it is a private civil matter, and not one for the Council.
7. Ms B has involved the police about criminal matters, and they have acted in response. Ms B has involved Ms C’s GP and that would be the correct way to raise concerns about Ms C’s mental health and for any support Ms C might need in that area to be considered.
8. Ms B says the Council has failed to safeguard her and her daughter. Safeguarding is the process of protecting adults with care and support needs from abuse and neglect. The Council explains neither Ms B or Ms C have care and support needs and so the trigger for safeguarding is not met. Both Ms B and Ms C can protect themselves by calling the police if they are at risk of abuse, harassment, or anti-social behaviour.
9. Ms B says the Council has failed to act for many years, but the Council has consistently explained to Ms B why it is not acting.

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Final decision

10. We will not investigate Ms B’s complaint because there is not enough evidence of fault to justify investigating. The Council has given a thorough response to Ms B’s complaint, and it is unlikely the Ombudsman could add to that or reach a different outcome. Ms B wants the Council to go into Ms C’s home and assess, but this is not an outcome the Ombudsman can achieve.

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Investigator's decision on behalf of the Ombudsman