Summary: We will not investigate this complaint about the Council’s actions in relation to Mr X’s social care, and events in his accommodation. There is insufficient evidence of fault in the Care Provider’s actions during three individual incidents Mr X complained about in 2024. Mr X has not yet complained to the Council about its actions from 2024 onwards and we cannot investigate those matters until the Council has had the opportunity to investigate and respond. Complaints about the Council’s earlier actions are late.

The complaint

1. Mr X complained about the care he received in supported living accommodation. His concerns included inadequate care, physical and emotional abuse, and covering up of these issues. Mr X said this led to him becoming homeless, and he said his education suffered.
2. Mr X also complained about the Council’s actions. His concerns included the Council failed to:
• investigate safeguarding reports;
• work with housing services to move Mr X into independent accommodation;
• cease social care and social services involvement; and
• address a conflict of interests relating to his social worker.
3. Mr X wanted the Council to pay him compensation of £1 million for issues relating to both adult social care and housing matters that we have considered via a separate case reference. Mr X also wanted the Care Provider to be closed, and for the matter to be escalated to the Care Quality Commission.

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The Ombudsman’s role and powers

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:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

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

5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

Matters that are late

9. Mr X complained to the Council about his placement in 2023, and the Council sent him a final complaint response in September 2023. The matters considered at that time are now too late for us to consider, as Mr X could have complained to us at the time if he was not satisfied with the Council’s final response.

Matters that are not late

10. Mr X sent us copies of complaints he made directly to the Care Provider in 2024, which are not late. I have therefore considered whether we should investigate these matters.
11. These complaints related to three individual incidents in the accommodation, and I have considered whether, collectively, there is enough potential for fault across the three incidents to warrant further consideration by the Ombudsman.
12. We could not say what happened during the incidents, as the accounts of Mr X and the staff differed. The Care Provider responded to Mr X on each occasion and explained its reasons for actions its staff took during each incident. Mr X may disagree with those reasons, but this does not mean the Care Provider was at fault. There is insufficient evidence of fault by the Care Provider to justify investigation by the Ombudsman.

Matters Mr X has not yet complained about

13. The Council told us it had not been notified of Mr X’s allegation about abuse within an educational setting. It is now aware of the allegation and will consider the matter.
14. Before we consider a complaint, we must be satisfied the organisation has had the opportunity to consider and respond to it. It is open to Mr X to submit a formal complaint to the Council about matters he has not yet complained about. He may then submit a new complaint to us if necessary. The matters he has not yet complained about include the Council’s alleged failures to:
• investigate safeguarding reports;
• work with housing services to move Mr X into independent accommodation;
• cease social care and social services involvement; and
• address a conflict of interests relating to his social worker.

Mr X’s requested remedies

15. Mr X has stated he is seeking compensation from the Council of £1 million, in relation to the alleged failures by its social services and housing teams. We cannot achieve significant amounts of compensation in the way the courts can, and where this is a person’s primary aim, we normally signpost them to the courts. It is open to Mr X to seek legal advice with a view to pursuing legal proceedings.
16. We cannot make recommendations to close care providers. It is open to Mr X to raise the matters with the Care Quality Commission himself, as the body that regulates care services and has the power to make decisions relating to their registration.

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Final decision

17. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the parts of the complaint we could investigate. Other matters are either late, or have not yet been brought to the Council’s attention via its internal complaints process.

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Investigator's decision on behalf of the Ombudsman