London Borough of Havering (25 009 308)

Category : Adult care services > Safeguarding

Decision : Not upheld

Decision date : 22 Apr 2026

The Ombudsman's final decision:

Summary: Mr X complains about the Council’s involvement in the cleaning of his property following an admission to hospital. We find no fault in the Council’s actions, which were in line with its duties. It took appropriate steps to safeguard and support him.

The complaint

  1. Mr X says he was forced into agreeing for his home to be professionally cleaned as a condition of his discharge from hospital.

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The Ombudsman’s role and powers

  1. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
  2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
  3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as cleaning agencies. (Local Government Act 1974, sections 25 and 34(1), as amended)
  4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and s34H(1), as amended)

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What I have and have not investigated

  1. Mr X complained about the Council not providing support or funding to adapt his garden to use a mobility scooter. The Council’s occupational assessment carried out in relation to this was in June 2024. I have not investigated this issue as it is late, and there are no good reasons why Mr X could not have complained to us sooner.
  2. Mr X says he was charged an excessive fee for the cleaning and items of value were stolen from the property. Additionally, he says that when he returned, his belongings had been moved in a manner that prevented him from using his bedroom. As this service was chosen by Mr X himself and was not commissioned by the Council, I have not investigated this complaint. The Ombudsman can only investigate the actions of the Council and bodies acting on its behalf.

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How I considered this complaint

  1. I considered evidence provided by Mr X and the Council as well as law and guidance.
  2. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Relevant Law

  1. A council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. An enquiry is the action taken by a council in response to a concern about abuse or neglect. An enquiry could range from a conversation with the person who is the subject of the concern, to a more formal multi-agency arrangement. A council must also decide whether it or another person or agency should take any action to protect the person from abuse. (section 42, Care Act 2014)

What happened

  1. In early June 2025 Mr X was admitted to hospital after having a fall at home. A safeguarding referral was made due to signs of neglect and concerns about hoarding identified when emergency services attended his property. The matter was investigated with Mr X’s knowledge and consent, as he was also concerned about the level of hoarding in his home.
  2. Following the referral, the Council received a request from the hospital for social worker input to support Mr X’s discharge. A social worker was allocated and contacted the hospital to advise them of the safeguarding enquiries and requested that Mr X was not discharged until these were completed and it was confirmed that it was safe for him to return home.
  3. The social worker contacted Mr X by telephone and assessed that he had capacity to make an informed decision about his discharge plan. Mr X explained that he had developed pneumonia after being on the floor for two days and was unable to get help until a friend arrived.
  4. Mr X requested a list of cleaning companies. He was provided with a list by the hospital ward, and he selected one to carry out the work. Shortly afterwards, the chosen agency visited him in hospital, and he paid half of the cleaning costs, with the Council covering the remaining half.
  5. The Safeguarding Enquiry Report noted that Mr X was satisfied that a blitz clean of his accommodation was taking place. He stated that the property had been uninhabitable. The medical team recommended a care package to support him on discharge; however, Mr X declined this, stating that he was independent in managing his daily living activities.
  6. In mid-June 2025, the cleaning was completed and, a few days later, Mr X was discharged. He consented to support on the day of discharge, as well as a pendant alarm, to ensure he could access help in the event of an emergency.

My findings

  1. Under section 42 of the Care Act 2014, the Council has a duty to make enquiries where it considers a person may be at risk of abuse or neglect and may be unable to protect themselves. In this case, the Council appropriately initiated safeguarding enquiries following concerns about self-neglect and hoarding and took steps to assess and manage the identified risks. I find no fault with the Council’s actions.
  2. The Council offered support to Mr X, which he declined. While it was under no obligation to contribute towards the blitz cleaning of his property, it nevertheless agreed to fund half of the cost as part of its response to the identified risks.
  3. There is no evidence to suggest that the Council applied undue pressure in relation to Mr X’s discharge. The Council has confirmed that the cleaning was not a condition of discharge. It also offered support to Mr X on several occasions, which he declined. Given that Mr X was assessed as having capacity to make decisions about his care and support, the Council was required to respect those decisions, and I find no fault with the Council’s actions.

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Decision

  1. I find no fault with the Council. It acted in line with its statutory duties and took appropriate steps to support Mr X.

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Investigator's decision on behalf of the Ombudsman

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