Summary: We will not investigate this complaint about adult social care. A Care Provider acting on behalf of the Council was considering expanding its service so was considering a suitable property for Ms B to live. But there was no formal offer to Ms B so there was no fault in the Care Provider deciding not to purchase a property, despite the possibility raising Ms B’s hopes. The Council accepts it did not communicate the issues well to Ms B and has apologised for her distress. This is satisfactory action, and we could achieve nothing further.

The complaint

1. Ms B says a Care Provider acting on behalf of the Council was going to offer her supported accommodation but then took it away. Ms B feels lied to, feels worthless and pointless, and feels her hopes have been snatched away. Ms B wants the Care Provider to still buy the property, and to put her top of a waiting list for its existing property.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
3. In this case a Care Provider called Exclusive Care Ltd was looking at options to support Ms B to meet the Council’s adult social care duties.
4. 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:

• 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, section 34(B))

5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council is responsible to meet Ms B’s care and support needs. While looking into options on how to meet those needs it contacted the Care Provider about Ms B moving to one of its supported living locations. The Care Provider explained there was no space, and it does not run a wait list. However, it said it was considering expanding its service and would consider buying a property for Ms B. The Care Provider went as far as showing possible properties to Ms B. This understandably got Ms B’s hopes up.
9. The Care Provider then decided not to expand its service because of recruitment difficulties, so it will no longer be buying a property that might have been suitable for Ms B. The Council explains there was not a formal offer of a placement. Ms B is understandably upset that this is no longer going ahead.
10. The Council apologised to Ms B that it did not tell her quickly enough that a placement with Exclusive Care would not go ahead. The Council continues to work with Ms B about how best to meet her needs.

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Final decision

11. I understand Ms B’s hopes were raised and then taken away. However, I cannot say that injustice is caused by fault. There was never a guarantee that Exclusive Care would buy a property specifically for Ms B. It was considering expanding its service and then decided not to do so, and we cannot say that it must. We also cannot achieve the outcome Ms B wants of being top of a wait list for an existing property, because the Care Provider does not operate wait lists.
12. The Council has explained to Ms B what happened, has accepted fault in its communications with Ms B, and apologised for her distress. I am satisfied with those actions, and an Ombudsman investigation would achieve nothing further.
13. We will not investigate Ms B’s complaint because we could not add to the Council’s investigation, further investigation would not lead to a different outcome, and we cannot achieve the outcomes Ms B wants.

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Investigator's decision on behalf of the Ombudsman