Summary: We cannot investigate this complaint about antisocial behaviour arising from a supported living placement run by the care provider. This is because it is not about the provision of personal care related support.

The complaint

1. Mr X complains of anti-social behaviour allegedly from a person in a neighbouring supported housing placement. Mr X says he and his family are disturbed regularly by noise in the form of shouting, screaming and loud music. He said there were other disturbances in the property resulting in attendance by the Police.
2. Mr X says he and his family are suffering distress and want the person responsible relocated.

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The Ombudsman’s role and powers

3. We can investigate complaints about actions by adult social care providers that can be regulated by the Care Quality Commission. Such activities include giving personal care or other practical support in the place where the person lives. This might include complaints about residential accommodation and personal care provided as a condition of treatment for substance misuse, but we cannot investigate complaints about the treatment or therapy itself. Non-regulated activities include day center services. We cannot investigate complaints about those services if they have been privately arranged.
4. The law defines ‘personal care and other practical support’ as ‘physical assistance (or prompting and assistance) given to a person in connection with:

• eating or drinking (including giving nutrition other than by mouth or alimentary canal);
• toileting (including in relation to menstruation);
• washing or bathing;
• dressing;
• oral care; or
• the care of skin, hair, and nails (except for nail care provided by a chiropodist or podiatrist).’

(Health and Social Care Act 2008 (Regulated Activities) Regulations 2010)

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How I considered this complaint

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

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My assessment

7. The care provider has investigated Mr X’s complaint:

• it confirms that its client is a vulnerable adult;
• it says the incidents reported were short-lived and managed by staff;
• it advises the behaviour complained about does not amount to sustained or serious antisocial behaviour;
• it reports that actions have been taken by staff to mitigate the noise including providing its client with headphones to reduce noise.

8. We will not investigate. While the behaviour alleged arises in a care setting, the injustice claimed relates to neighbour nuisance rather than the provision of personal care related support.
9. Matters concerning antisocial behaviour, neighbour disputes, or environmental nuisance are generally for the local Council’s anti-social behaviour or environmental health departments. It is also open to Mr X to resort to a legal remedy via his own legal action.

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Final decision

10. We cannot Mr X’s complaint because it is not about the provision of personal care related support.

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Investigator's decision on behalf of the Ombudsman