Summary: We will not investigate Mr X’s complaint about the Council not properly addressing his neighbour’s care and support needs and not taking appropriate action to address their anti-social behaviour. This is because there is insufficient evidence of fault by the Council, a further investigation would not lead to a different outcome and Mr X does not have consent to complain on behalf of his neighbour.

The complaint

1. Mr X complained the Council is not providing suitable care and support to his neighbour and has not taken appropriate action in relation to the neighbour’s behaviour which he said is inappropriate. He said the matter has caused him distress and frustration and he is concerned about his family witnessing the neighbour’s behaviour. He wants the Council to re-assess his neighbour's care and support needs to establish whether they can safely live independently.

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:

• 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))

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)

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X said his neighbour exhibits anti-social behaviour and the current care in place is not meeting their care and support needs. He said the police is aware of the matter but the Council has not taken enough action to resolve it. Mr X said the Council is neglecting his neighbour.
7. Mr X complained to the Council. The Council responded to Mr X and said it had referred his concerns to its safeguarding team, however, Mr X had no legal authority to act on behalf of his neighbour.
8. We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council and a further investigation would not lead to a different outcome. The Council appropriately reported Mr X’s concerns to its safeguarding team. In addition, Mr X does not have consent to complain on behalf of his neighbour and whether the care they receive is suitable. We therefore cannot consider this.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council, a further investigation would not lead to a different outcome and Mr X does not have consent to complain on behalf of his neighbour.

Back to top

Investigator's decision on behalf of the Ombudsman