Summary: We will not investigate Mr B’s complaint about the Council moving him to a different home. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an Ombudsman investigation.

The complaint

1. Mr B complained because he wants to remain in his current care home and does not want to move to a different Care Provider. Mr B says he has friends where he lives and says the Council should allow him to remain in the home where he has lived for two years.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. The Council says Mr B was admitted to hospital on 31 January 2020 and Discharged to Assess (D2A) to his current placement on 22 February 2020. The placement was initially funded by the NHS and a further assessment carried out by the Council. The Council assessed Mr B on 2 March 2020 and completed the assessment in June 2021. The Council says the delay in arranging for Mr B to move to his new placement was because of the Covid-19 pandemic and lack of movement between placements.
6. Social Work notes from April 2020 record Mr B was informed the placement was temporary and that his care needs at the time did not require either a nursing or residential placement. Mr B said he did not want to return home and could not manage on his own. In September 2021 Mr B was informed by his Social Worker that he would need to move to different home. Mr B said he did not want to move and had settled in the home and wanted to stay. The Social Worker recorded Mr B had initially moved into temporary accommodation because his home was inhabitable and knew it was temporary and had agreed to move. Mr B says he did not know of his rights at the time he agreed to move and now wants to stay in the home he has lived in for two years.
7. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. The Care Act 2014 says the Council must ensure at least one option is available that is affordable within a person’s personal budget. The Council says it can meet Mr B’s needs within his personal budget in the home it has suggested. While Mr B would prefer to stay where he is, there is not enough evidence of fault with the Council’s actions to warrant an Ombudsman investigation.

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Final decision

8. We will not investigate Mr B’s complaint because there is not enough evidence of fault with the Council’s actions warranting an Ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman