Summary: We will not investigate this complaint about nuisance neighbours. There is not enough evidence of fault by the Council’s adult social care team who placed the neighbours at the property and is satisfied their needs are met there. We cannot achieve the outcome the complainant wants to have the property closed and the neighbours moved. It is unlikely an Ombudsman investigation would achieve any worthwhile outcome.

The complaint

1. Mr B says the Council has placed vulnerable adults in an unsuitable place. Mr B is upset by the noise and behaviour of these adults who are his neighbours. Mr B wants the place closed and the neighbours moved elsewhere. Mr B also says the building is unsafe.

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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, or
• 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 no worthwhile outcome achievable by our investigation.

(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. The Council does not own the building Mr B complains about. A supported living provider owns the building. The Council has placed adults at the supported property to meet their social care needs. The Council is not responsible for any concerns about the safety of the building, such as broken roof tiles. The Council has passed these concerns to the building owner who is acting on these issues.
6. The Council visited the property following Mr B’s concerns. The Council found no evidence of noise nuisance or intimidating behaviour. The Council is satisfied the staff are properly supporting the residents.

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Final decision

7. We will not investigate Mr B’s complaint because we cannot achieve the outcome he wants. It is not within our powers, nor the Councils, to have the property closed. The Council does not control the property location; it is owned by a third party. There is no fault in the Council placing adults in the property to meet their needs. The Council has properly investigated and responded to the concerns, and it is unlikely we would add anything further.
8. Mr B can report his concerns about his neighbours’ behaviour to the police or the Council’s anti-social behaviour team who have different powers to deal with statutory nuisance.

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Investigator's decision on behalf of the Ombudsman