Tendring District Council (19 002 673)
The Ombudsman's final decision:
Summary: We cannot investigate Miss B’s complaint that the Council failed to follow procedure when her grandmother, Mrs C, failed to respond to a telecare system call. That is because it is about a service which is part of the Council’s management of its social housing.
The complaint
- The complainant, whom I shall call Miss B, complained that the Council failed to follow procedure when her grandmother, Mrs C, failed to respond to a telecare system call. Very sadly, she found out on the following day her grandmother had passed away.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I have considered the information Miss B provided.
What I found
- When it replied to Miss B’s complaint the Council said Mrs C was living in one of its sheltered housing schemes. It installs the telecare system in every sheltered housing property it manages. It is part of the housing service it provides for its sheltered housing tenants. The cost was included within the rent and charges Mrs B paid for her accommodation.
- The Council told Miss B she could bring her complaint to us. But the service Miss B has complained about is part of the Council’s management of its social housing. That means we cannot consider her complaint. We would not consider a complaint about the Council’s complaint handling when we cannot consider the matter which gave rise to the complaint.
Final decision
- We cannot investigate Miss B’s complaint because it is about a service which is part of the Council’s management of its social housing.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman