Summary: We will not investigate this complaint about the care and support the Council provided to the complainant. There is not enough evidence of fault to justify investigating.

The complaint

1. Miss B complains about the care and support provided to her by the Council when she received support in a tenancy from a care agency. Miss B says the Council has failed to adhere to her care plan and manipulated her into accepting support from the care agency when she was not happy with the terms of the tenancy agreement. Miss B says the Council had told her she does not need care and support, and it has refused to investigate the actions of its officer and the care agency.
2. Miss B says the situation has caused her to experience significant distress. As an outcome she wants the Council to provide a financial remedy for the care and support she has not received and the impact this had on her. Miss B also feels the Council should investigate her concerns to ensure others are not affected in a similar way.

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The Ombudsman’s role and powers

3. 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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, 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.

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

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How I considered this complaint

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

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My assessment

6. Miss B complained to the Council about several issues relating to her care and support arrangements. Some issues included her view the Council did not follow her care plan, refusal to investigate its officers and issues with the care agency commissioned by the Council.
7. The Council investigated Miss B’s complaint and sent her a written response after speaking with her by telephone during its investigation. It confirmed it had reviewed its records, and the evidence supported the view it had not sided with the care agency but had taken action to address Miss B’s concerns when she had raised issues. It also said it had started safeguarding enquiries when appropriate.
8. The Council said the care agency could give notice to end Miss B’s tenancy if it felt it could not keep her safe due to challenges or if staff could not engage with her. The Council recognised the loss of Miss B’s tenancy and the support from the care agency was unsettling. It said it was working in partnership with health colleagues to ensure Miss B could return safely to the community to an appropriate placement.
9. We will not investigate Miss B’s complaint as there is not enough evidence of fault to justify investigating. The Council investigated Miss B’s complaint and explained why her tenancy was ended by the care agency and what it was doing in response. As there is not enough evidence of fault, we cannot achieve the outcome Miss B wants.

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Final decision

10. We will not investigate Miss B’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman