Summary: We will not investigate Miss X’s complaint about the Council failing to move a resident from the care home she manages despite the care home giving notice on the placement. This is because it is reasonable for the care home to continue to pursue the matter in court.

The complaint

1. Miss X complains the Council failed to move a resident in the care home she manages despite the care home giving notice on the placement. She says the home has incurred expenses in having to evict the resident and providing additional care to ensure their needs are met.

Back to top

The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Miss X is the regional manager for a care home. They gave notice on a resident’s placement as the care home could no longer meet their care needs.
6. The care home serviced notice on the resident and the Council in July 2024, giving 28 days notice. The care home expected the resident to be moved on, or before, August 2024.
7. The Council failed to move the resident, and the care home started legal proceedings to evict the resident. The care home confirmed the possession hearing has been listed. The care home also indicated it will pursue legal action to make a claim against the Council for the expenses incurred in having to continue to care for the resident and for its legal costs.

Back to top

Final decision

8. We will not investigate Miss X’s complaint because it is reasonable for the care home to continue to pursue the matter in court.

Back to top

Investigator's decision on behalf of the Ombudsman