Summary: We will not investigate Miss X’s complaint about the Care Provider allowing a new development to be built next to her father’s Care Home. This is because it is unlikely we would find fault with the Care Provider, there is another body better placed to consider her concerns and we cannot achieve the outcome she wants.

The complaint

1. Miss X complained the Care Provider did not object to a new development being built next to its Care Home which is where her father resides. Miss X said the new building will block sunlight from entering her father’s room. As an outcome, Miss X wants the development to be stopped or reduced in size or she wants the Care Provider to reduce her father’s care fees.

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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:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(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 Miss X and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate Miss X’s complaint. This is because whether the Care Provider provided comments on the planning decision, it is unlikely we would find fault with the Care Provider as it has no legal duty to object to nearby developments.
6. It would also be reasonable for Miss X to refer her concerns to the Council as she believes the planning decision did not consider the impact on the Care Home.
7. Subsequently, we cannot achieve the outcome Miss X wants. It is also not in our role to recommend planning developments to be ceased.

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Final decision

8. We will not investigate Miss X’s complaint because it is unlikely we would find fault with the Care Provider, there is another body better placed to consider her concerns and we cannot achieve the outcome she wants.

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Investigator's decision on behalf of the Ombudsman