Summary: We will not investigate this complaint that Mr X has not received care in his current accommodation. This is because the Council does not commission care for Mr X, and he does not have care arrangements in place with any private care provider. All issues Mr X alleges are about tenancy matters with a social housing landlord and these are matters for the Housing Ombudsman Service.

The complaint

1. Mr X complains about several issues with his housing and alleged failings by the Housing Association. Mr X says he signed up to the housing on the understanding that it was an extra care facility, which would meet his care needs as part of the agreed costs. Mr X says he has not received care despite paying for it. Mr X wants the Housing Association to make changes to address his housing issues and to refund residents for the care costs.

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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. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as Housing Associations. (Local Government Act 1974, sections 25 and 34A, as amended)
5. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

6. I considered information provided by the complainant, the Council, and the Housing Ombudsman.
7. I considered the Ombudsman’s Assessment Code, Guidance on Jurisdiction, and Memorandum of understanding with the Housing Ombudsman.

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My assessment

Complaint about housing

8. Mr X lives in social housing provided by a Housing Association. Mr X approached the Housing Association himself to secure a tenancy. The Council did not place Mr X in the accommodation. Mr X has raised several issues with his housing and alleges multiple failings by the Housing Association.
9. We cannot investigate complaints about tenancy matters with a social housing landlord. Mr X has made a separate complaint to the Housing Ombudsman Service which is the body responsible for handling tenant complaints about social housing landlords.

Complaint about care

10. The Council carried out a strength and needs assessment for Mr X on 16 November 2021. This was because of a safeguarding referral, not because Mr X asked for an assessment. The assessment did not identify any eligible needs for Mr X under the Care Act 2014, and Mr X did not request any support with his care. Mr X has not raised any issues about the Council’s assessment of his needs in his complaint to us.
11. The Council told us that it does not commission any care for Mr X, nor does he have care arrangements in place with any private care provider. Therefore we cannot consider this as a complaint about care provided to Mr X. We cannot achieve the outcome Mr X is seeking from his complaint. Mr X’s complaint is that the Housing Association told him he would receive care as part of his housing costs. This is a dispute about the terms of his tenancy agreement and is also a matter for the Housing Ombudsman Service.

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Final decision

12. We will not investigate this complaint. This is because the Council does not commission care for Mr X, and he does not have care arrangements in place with any private care provider. All issues Mr X alleges are about tenancy matters with a social housing landlord and these are matters for the Housing Ombudsman Service.

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Investigator's decision on behalf of the Ombudsman