Summary: We will not investigate this complaint about how the Council dealt with concerns raised about his neighbours. This is because the complainant does not have consent to complaint on behalf of his neighbour and because further investigation would not lead to a different outcome.

The complaint

1. Mr X complains about how the Council dealt with safeguarding concerns he raised about his neighbours. Mr X is concerned that someone at the property requires help and that the neighbours shouting is affecting his sleep.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X does not have consent to complain on behalf of his neighbours about the level of care or support they are receiving. We cannot therefore consider this point.
7. The Council has told Mr X that it passed his concerns on to its Multi-Agency Safeguarding Hub (MASH), who told Mr X that it had made a number of enquiries but concluded that the case should be closed with no further action. Due to the nature of Mr X’s concerns being about the care and support of third parties, the Council could not share any specific information with Mr X. Therefore, nor could we. Further investigation would therefore not lead to a different outcome.
8. The injustice Mr X claims flows from anti-social behaviour by his neighbour. The Council has a duty to respond to complaints about such matters. Mr X could pursue this point with the Council if he wished. If Mr X is unhappy with the Council’s response he can make a fresh complaint to the Council, and ultimately, the Ombudsman.

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Final decision

9. We will not investigate Mr X’s complaint because he does not have consent to complain on behalf of his neighbours and investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman