Summary: We will not investigate this complaint about adult social care. The complainant lives next door to a supported living property and has experienced damage to property, and assault. There are other bodies better placed to consider these concerns as they are for the police and insurance companies. There is no worthwhile outcome achievable from an Ombudsman investigation, and we are satisfied with how the Council responded to the complaint.

The complaint

1. Ms B says she lives next door to an adult social care supported living placement which the Council has arranged. Ms B says the care provider at that property is not registered with the Care Quality Commission. Ms B says she and her husband have had criminal damage to their property, and assault, and are living in fear. They want the Council to move the person living next door.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

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

3. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended

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How I considered this complaint

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

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My assessment

6. The Council has thoroughly responded to Ms B’s complaint. It has accepted some failures in communication for which it has apologised and spoken to relevant staff to improve future service.
7. The Council has correctly told Ms B that assault is a police matter. Any criminal damage may also be a police matter. Damage to property would also be better dealt with by an insurance claim and may be a private civil matter for which Ms B would need to seek legal advice. There are therefore other bodies better placed to consider these concerns, and no worthwhile outcome the Ombudsman could achieve on these issues.
8. The Council told Ms B the care provider has applied to be registered with the Care Quality Commission. It is unlikely an Ombudsman investigation would achieve anything further.
9. Ms B would like the Council to move her neighbour, but that is not an outcome the Ombudsman can achieve. The Council cannot share personal data about the neighbour. It has confirmed to Ms B it has properly assessed the neighbour can live in the community and that is how it is meeting the adult social care needs. There is no basis to remove the neighbour from what is now their home.

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Final decision

10. We will not investigate Ms B’s complaint because we are satisfied with the actions the Council took to respond to the complaint and acknowledge the impact of communication failures. The Ombudsman cannot add anything further and there is no worthwhile outcome from an Ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman