Bury Metropolitan Borough Council (24 003 478)
Category : Housing > Managing council tenancies
Decision : Closed after initial enquiries
Decision date : 01 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Ms X’s accommodation not meeting her needs for support. We cannot investigate the Council’s actions as a registered social housing provider, and the complaint is instead within the scope of the Housing Ombudsman. There is insufficient evidence of fault in how the Council considered a safeguarding referral from Ms X’s advocate.
The complaint
- Ms X complained her extra care housing accommodation was no longer meeting her needs, following cuts to the generic care provided as part of her tenancy. She complained the Council failed to deal with the matter as a safeguarding concern, and said the outcome of a care needs assessment was not correct. She said the Council also breached the General Data Protection Regulation (GDPR) in how it handled a Subject Access Request (SAR).
- She said this placed her at significant risk and caused her considerable distress. Ms X wanted to be provided a direct line to on-site staff at night, and 24/7 staff presence on site. She wanted a care needs assessment which properly accounted for her needs arising from her mental health condition.
The Ombudsman’s role and powers
- We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
- 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)
- We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
Matters Ms X should raise with other organisations
- Ms X’s complaint about changes in the support provided via her tenancy is a matter she should raise with the Housing Ombudsman Service (HOS). We cannot consider complaints about the provision or management of social housing by a council acting as a registered social housing provider.
- Ms X’s complaint the Council breached the GDPR is best considered by the Information Commissioner’s Office (ICO). The ICO is the body that deals with complaints about how organisations handle personal data.
Matters we will not investigate due to insufficient evidence of fault
- We will not investigate Ms X’s complaint about the Council’s consideration of a safeguarding referral. The Council considered the referral without delay. It decided the changes in Ms X’s accommodation did not constitute abuse or neglect. It recognised there was a cause for concern, as Ms X was worried she would be at significant risk. Because of this, the Council decided to review Ms X’s needs for care and support. There is insufficient evidence of fault by the Council and so we could not question the outcome of its decision.
Matters Ms X should complain to the Council about
- We may be able to investigate Ms X’s complaint about the outcome of her care needs assessment. However, before we can do so, we must be satisfied the Council has had the opportunity to consider and respond to a complaint. Ms X can bring this matter to us as a new complaint, either:
- after she has received a final complaint response, or
- if 12 weeks pass without receiving a final complaint response.
Final decision
- We will not investigate Ms X’s complaint because it is about the provision and management of social housing by a council acting as a registered social housing provider. There is insufficient evidence of fault in another part of the complaint, and another part of the complaint has not yet been subject to a complaint to the Council.
Investigator's decision on behalf of the Ombudsman