Summary: We will not investigate Ms X’s complaint about the actions of the Council’s social worker following her raising concerns about a tenant. She feels the Council should have moved the tenant to more suitable accommodation. This is because there is insufficient evidence of fault.

The complaint

1. Ms X is a manager at a residential development. She complains about the actions of the Council’s social worker after she raised concerns about a tenant. She feels the Council should have moved the tenant to more suitable accommodation.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X raised concerns about a tenant in the residential development she manages. The tenant in question has a tenancy agreement with the landlord. This arrangement was made privately between the landlord and the tenant’s family. The Council was not involved in placing Ms X at the property.
6. Following the tenant being discharged from hospital, Ms X raised concerns about the tenant returning and felt it was inappropriate for them to return to the property. The Council appropriately told Ms X that, as the tenant had a tenancy agreement, they could legally return to the property. The Council also confirmed a discharge assessment was completed which found the tenant could be discharged home with a package of care.
7. The Council had no power to move the tenant or to block the tenant from returning to their home. This is because the tenant was considered to have mental capacity to make the decision to leave hospital and return home.
8. Therefore, an investigation is not justified as we are not likely to find fault. This is because the Council’s social worker acted appropriately by ensuring the tenant could return home. Further, the Council could not have moved the tenant to another property as it had not been involved in placing the tenant at the residential development.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman