Summary: We will not investigate Mr X’s complaint about inappropriate conduct of staff towards him at his supported living placement. This is because a further investigation would not lead to a different outcome and it is unlikely we could add to the Council’s investigation.

The complaint

1. Mr X complained about the inappropriate conduct of staff towards him at his supported living placement. The matter caused him distress. He wants the Council to recognise the injustice caused to him and provide him with an apology.

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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:

• further investigation would not lead to a different outcome, or
• we could not add to any previous investigation by the organisation.

(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X said whilst he was waiting to speak to the manager of the supported living service, a staff member reached out to him and grabbed his cigarette which he said was inappropriate. A verbal altercation took place between Mr X and staff members at the service.
6. The Council investigated Mr X’s complaint. In doing so, it spoke with Mr X, the Care Provider of the supported living service and reviewed its daily records. The Council’s investigation found Mr X’s account of what happened differed to the account of staff members and the service’s daily records. As a result, the Council could not come to a finding. However, the Council made recommendations to the Care Provider which included for it to:
• agree with Mr X to arrange a reasonable process for him to contact the manager;
• review Mr X’s care and support plan so staff are more aware of how to respond to Mr X and support him to avoid altercations; and
• review, discuss and amend the existing smoking policy with residents at the service.
7. We will not investigate Mr X's complaint because the Council has already carried out an appropriate investigation into the matters raised. It considered the available evidence but could not make a finding of fault. A further investigation would not lead to a different outcome. The Council also made appropriate recommendations in response to its findings. It is unlikely we could add to its investigation.

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Final decision

8. We will not investigate Mr X’s complaint because a further investigation would not lead to a different outcome and it is unlikely we could add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman