Summary: We will not investigate this complaint about how the Council handled Mr X’s care needs. There is not enough evidence of fault to warrant our involvement and we cannot achieve the outcome Mr X seeks. Additionally, part of Mr X’s complaint is late and there are no good reasons for us to exercise discretion to consider it now.

The complaint

1. Mr X complained the Council did not provide him with appropriate support, such as:
• Not helping with his desire to move to a different city;
• Not having provided enough specific support services; and
• Providing care through an agency with staff who could not provide the support Mr X needed.
2. Mr X said this impacted negatively on his mental health, and he wanted the Council to help him move to a different city.

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The Ombudsman’s role and powers

3. 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)
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
• 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

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

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My assessment

7. Mr X complained about how the Council handled his care needs. Mr X specifically said it has not provided support in his desire to move to a different city, enough specific support services related to his condition, nor a social worker who works full time.
8. In relation to Mr X’s desire to move to a different city, the Council said it has explored options with Mr X on various occasions. It contacted the other local authority (Council B). Council B said Mr X is not in priority need for housing and so would likely be on a waiting list for several years.
9. Mr X wishes for more to be done to support his move, however the Council acted appropriately by exploring options with Mr X and making enquiries with Council B. There is insufficient evidence of fault by the Council. It is open to Mr X to pursue the matter with Council B as the local authority responsible for any decision about his housing need in its area.
10. In its complaint response, the Council detailed the different condition-specific services Mr X can access, as well as detailing some of the support provided by his social worker. While it acknowledges the social worker works part-time, it says Mr X has been provided with consistently good support. There is insufficient evidence of fault.
11. The Council partially upheld part of Mr X’s complaint because it could not identify a support worker to fulfil the requirement set out in Mr X’s support plan. However, the Council has since resolved this issue. Further investigation by us would not achieve a different outcome. The Council has acted appropriately and there is not enough evidence of fault to warrant an Ombudsman investigation.
12. Finally, part of Mr X’s complaint relates to care provided by an agency commissioned by the Council. Mr X’s involvement with this agency ended in August 2023. As outlined in paragraph three, we cannot investigate complaints where a person was aware of the problem more than 12 months before complaining to us without good reasons being provided. Mr X had earlier opportunities to escalate a complaint to us about the agency, including in early 2024 when the Council signposted him to us. It was reasonable for him to contact us sooner, so we will not investigate.

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Final decision

13. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant our involvement and we cannot achieve the outcome Mr X seeks. Additionally, part of Mr X’s complaint is late and there are no good reasons for us to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman