Summary: We will not investigate this complaint about how the Council has dealt with concerns about the suitability of accommodation for young people close to the complainant home. This is because the issues raised have not caused the complainant an injustice and they do not have consent to act on behalf of the young people.

The complaint

1. The complainant, who I will call Miss X, complains about how the Council has dealt with matters relating to accommodation for young people close to her home. She says the accommodation is unsuitable for the young people, the Council is failing to meet their needs and the Council has failed to properly deal with safeguarding concerns raised about the care leavers. Miss X says the antisocial behaviour caused at the property is negatively impacting her and other neighbours.

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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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(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. I will not investigate Miss X’s complaint. The injustice she describes relates to antisocial behaviour from the accommodation. Miss X has a separate complaint with us about how the Council has dealt with her reports of antisocial behaviour, and we may consider this complaint once Miss X has exhausted the Council’s complaints procedure regarding this.
7. The issues Miss X raised are ones which which may or may not impact the young people living at the accommodation. Miss X has not suffered an injustice in relation to these matters, and she is not acting with the consent of anyone who has.

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Final decision

8. We will not investigate Miss X’s complaint because she has not suffered an injustice.

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Investigator's decision on behalf of the Ombudsman