Summary: We will not investigate this complaint about the Council’s choice of residential placement for Mr X or its communication with Miss Y about the matter. There is not enough evidence of fault by the Council and further investigation would not lead to a different outcome.

The complaint

1. Miss Y complained the Council had chosen an unsuitable placement for her son, Mr X. Miss Y also said the Council had communicated with her poorly when she raised concerns about this.
2. Miss Y said this caused a negative impact to her mental health.

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The Ombudsman’s role and powers

3. 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
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Miss Y complained Mr X was placed into a floating support placement following an assessment by the Council. Miss Y said this was unsuitable for Mr X’s needs and there were issues after only two weeks.
7. Miss Y also said she tried to contact the Council on multiple occasions but did not receive a response. Also, when the Council responded, it told her Mr X’s social worker had changed, despite not receiving notice of this.
8. The Council responded to Miss Y’s complaint and said the placement chosen was the least restrictive option and this was in line with Mr X’s wishes to remain living independently. It also said in a meeting, Mr X said he is happy in the placement and has no concerns and staff at the placement shared they had no concerns either.
9. I consider for this part of Miss Y’s complaint, there is not enough evidence of fault by the Council, given they have taken Mr X’s wishes into account when making decisions about his care and therefore we will not investigate.
10. The Council apologised for its poor communication with Miss Y. It said Mr X was informed about the change of social worker but will discuss with teams the potential of telling family members involved in a person’s care about any changes.
11. I consider this response from the Council to be appropriate and do not believe an Ombudsman investigation would not lead to a different outcome. Therefore, we will not investigate.

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Final decision

12. We will not investigate Miss Y’s complaint because there is not enough evidence of fault by the Council and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman