Summary: We will not investigate Mr X’s complaint about his care placement. He says he is unhappy living there due to problems with another resident and the care provider. Mr X also complains the Council is ignoring his request to move. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains about his care placement. He says he is unhappy living there due to problems with another resident and the care provider. Mr X also complains the Council is ignoring his request to move.

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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. Mr X is currently living in support living accommodation in a one-bedroom property within a block of flats. Mr X does not share facilities with other residents, apart from the communal/activity area, which he can access as needed. The other residents in the building live in their own individual properties.
6. Mr X has allocated one to one support time with care staff, and there is a staff office on site which Mr X can access if he needs support. Mr X also receives outreach support for supporting access to community activities of his choice.
7. Mr X is having an issue with another resident within the supported accommodation. In response to the issues raised by Mr X, the Council said it had held meetings with Mr X and the other resident, both together and separately, to provide support to them. The Council also referred Mr X to its Crisis team who has visited and offered support to Mr X and the care provider. The Council also held a family and professionals meeting to discuss and agree ongoing support for Mr X.
8. Finally, the Council confirmed it had made a referral to its brokerage team to search for a new supported living placement for Mr X. The Council said there was currently no suitable placements available within the borough and both Mr X and his family wish for him to remain in the borough.
9. An investigation is not justified as we are not likely to find fault. The Council has taken appropriate action to provide support to Mr X to manage the situation with his neighbour.
10. There is also no evidence to suggest the Council has ignored Mr X’s request to move. Mr X has care and support needs which the Council has a duty to meet. Therefore, the Council must first ensure it has found a suitable placement for Mr X to move into before he can be moved. The Council is searching for an alternative suitable placement, but nothing has been found yet. Again, we are not likely to find fault with the Council, so an investigation is not a proportionate use of our limited resources.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman