Summary: We will not investigate this complaint about Ms X’s tenant’s need for adult social care. We cannot achieve the outcome she seeks.

The complaint

1. Ms X complained the Council has refused to act on her concerns about her tenant. She said the tenant has caused severe deterioration of her property, owes her rent and disregards neighbour complaints about waste disposal. She said the matter has caused her significant distress, has had financial implications and resulted in environmental health action against her. She said the Council should provide her tenant alternative supported living accommodation.

Back to top

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 we cannot achieve the outcome someone wants. (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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Ms X presented her complaint as being about her tenant’s social care needs. She does not have her tenant’s consent to make a complaint on their behalf, and we would not consider Ms X a suitable representative for her tenant in any event due to a conflict of interests. We could not therefore make any recommendations relating to any social care needs her tenant may have, and we could not achieve the outcome she seeks from complaining. Ms X, as a landlord, would need to use the appropriate channels to evict her tenant. It is open to her to seek legal advice.
8. It is open to Ms X to complain to the Council about action its environmental health team took against her. We are unlikely to be able to investigate the matter as any notices the Council served likely had a right of appeal which would be reasonable for Ms X to use.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because we could not achieve the outcome she seeks.

Back to top

Investigator's decision on behalf of the Ombudsman