Summary: We will not investigate Ms X’s complaint about the management of a supported living placement. This is because it is the NHS Trust and not the Council that is responsible for the management of the placement.

The complaint

1. Ms X complains about the involvement of the Council and the South London and Maudsley NHS Foundation Trust (the Trust) in regard to the management of a supported living placement near her home. Ms X says services users at the placement have caused anti-social behaviour. Ms X is unhappy with how the Council dealt with her complaint about these matters.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as NHS trusts. (Local Government Act 1974, sections 25 and 34(1), as amended)
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

8. I cannot investigate Ms X’s complaint about the management of the placement. This is because this is the responsibility of the Trust and not the Council. I understand that Ms X has complained to the Trust, so if she is dissatisfied with the outcome, it remains open for her to escalate the matter to the Parliamentary and Health Services Ombudsman (PHSO).
9. I will not investigate Ms X’s complaint about the Council’s adult social care services and its decision to place services users at the supported living placement. This is because Ms X does not have consent to act on their behalf.
10. Ms X has been told how to raise a complaint if she is dissatisfied with how the Council has dealt with her reports of anti-social behaviour in the area. We may be able to consider this matter, but Ms X would first need to complete the Council’s complaints procedure in regard to this element of her complaint.
11. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

12. We will not investigate Ms X’s complaint because it is the NHS Trust and not the Council that is responsible for the management of the placement

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Investigator's decision on behalf of the Ombudsman