Summary: We will not investigate this complaint about the actions of carers working at a children’s residential accommodation neighbouring Mr X’s property. While the Care Provider is registered to provide adult social care in other locations, the location in question provides care to children. We do not have the power to investigate this complaint.

The complaint

1. Mr X complained about the behaviour of care staff in children’s residential accommodation neighbouring his property, including:
• parking in a way that inconveniences neighbours;
• littering;
• verbal abuse;
• damage to neighbours’ properties; and
• drinking alcohol in the accommodation.
2. Mr X said the Care Provider has refused to deal with the matter, and he said he felt intimidated and powerless. He wanted the Care Provider to instruct its staff to park appropriately.

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The Ombudsman’s role and powers

3. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)

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How I considered this complaint

4. I considered information provided by the complainant and the Care Provider.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We may investigate matters which relate to action taken by adult social care providers in connection with the provision of adult social care. “Adult social care” means social care within the meaning of Part 1 of the Health and Social Care Act 2008 which is provided to persons aged 18 or over. (Local Government Act 1974, sections 34B(1) and 34A(2))
7. The Care Provider is registered by the Care Quality Commission (CQC) to provide adult social care in other locations. However, the properties neighbouring Mr X’s home are children’s residential accommodation. These services are registered with OFSTED rather than CQC.
8. The matters Mr X complains about are not therefore in connection with the provision of adult social care, and we do not have the power to investigate them.

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Final decision

9. We will not investigate Mr X’s complaint because it is not about matters in connection with the provision of adult social care.

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Investigator's decision on behalf of the Ombudsman