Summary: The Ombudsman will not investigate Mr B’s complaint about the Council’s response to his living conditions. This is because: we cannot investigate the Council’s social housing function; and there is not enough evidence the Council has failed to consider and act on its social care functions, so the Ombudsman could not achieve anything worthwhile by investigating.

The complaint

1. Mr B says the Council has failed to:
• provide heating and lighting in his accommodation;
• consider the effects of not having suitable living conditions as an adult social care or safeguarding matter; or
• provide social care support to enable him to live safely.

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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 cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
4. 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 or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• it would be reasonable for the person to ask for, and co-operate with a council assessment, review or appeal.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered what Mr B said in his complaint, and information from the Council about what action it has taken. I have also given Mr B an opportunity to comment on a draft before reaching a final decision.

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What I found

6. Mr B lives in council accommodation. It is not now in a suitable condition to allow him to live properly. There is no heating, sanitation or light, and it contains large quantities of material Mr B has gathered over many years and kept.
7. The Council told us it had:
• provided, through its housing team, emergency heating and lighting;
• offered another property for Mr B to move into while his existing home is cleared and made safe;
• attempted to engage with Mr B to try to resolve the situation for hm;
• arranged relevant trade appointments to carry out work but Mr B has frequently refused access;
• arranged a Fire Service appointment for a safety check, but Mr B refused access; and
• tried to arrange for social workers to contact Mr B, but he has told the Council they can only contact his advocate, not call him directly or visit.
8. The Ombudsman cannot investigate the Council’s actions in the management or provision of social housing to Mr B. The Housing Ombudsman Service handles complaints about the Council as landlord, and we cannot.
9. The law says the Council must assess the needs of anyone in its area who may be in need of adult social care and support. It also says the Council should promote wellbeing, and make enquiries into the circumstances of an adult who may be vulnerable and at risk of harm so it can safeguard their wellbeing. (Care Act 2014)
10. On the information available, it is unlikely the Ombudsman could achieve more for Mr B than the Council has already offered under its adult social care responsibilities. Unless Mr B allows the Council’s social workers to explore how it may be able to help him through adult social care and support, it is unlikely the Ombudsman could say the Council was at fault as Mr B says.
11. It is open to Mr B to co-operate with the Council’s efforts to improve his living conditions, but if he does not the Ombudsman could not criticise it for not taking suitable action.

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Final decision

12. The Ombudsman will not investigate this complaint, because:
• we cannot investigate the Council’s social housing function; and
• there is not enough evidence the Council has failed to consider its adult social care and support function of safeguarding and promoting Mr B’s wellbeing, so the Ombudsman could not achieve anything worthwhile by investigating his complaint.

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Investigator's decision on behalf of the Ombudsman