Summary: We will not investigate Mr X’s complaint about housing disrepair and the support provided by adult social care services. We have no power to investigate his complaint about social housing disrepair and there is insufficient evidence of fault in the Council’s actions to warrant an investigation.

The complaint

1. Mr X complains the Council has failed to maintain his property which is in a dangerous state of disrepair. He also complains the Council has failed to provide him with adult social care support to meet his needs.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate complaints about the provision or management of housing let on a long lease by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)
3. 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.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. We cannot investigate Mr X’s complaint about disrepair in his property. Mr X is a council tenant and so this complaint relates to the Council’s role as a social housing landlord. We have no power to investigate council actions relating to the management of social housing. The Housing Ombudsman is the appropriate body to investigate this part of his complaint.
7. Mr X also complains the Council’s adult social care service has failed to provide him with adequate support. In its complaint responses in 2023, the Council confirmed Mr X had a social worker and was being offered support. It set out what was available and encouraged him to accept the support being offered.
8. It wrote to Mr X again in January 2024, providing advice about the support services available to him and encouraging him to engage with his social worker.
9. In June 2024, the Council closed Mr X’s case. In its letter to Mr X, it said Mr X had been supported by a social worker for the last two and half years. During that time, the social worker had worked with health and housing services to offer him a variety of support services, but Mr X had declined the support offered. It advised him that if he changed his mind and wanted to consider accepting support, he could contact the Council again.
10. We will not investigate this complaint. I am satisfied the Council has offered Mr X appropriate support, worked with him as Mr X would allow, and encouraged him to accept support offered. It advised Mr X how to contact adult social care again if he decided he did want to accept support. There is insufficient evidence of fault to warrant an investigation.

Back to top

Final decision

11. We cannot investigate Mr X’s complaint about social housing disrepair. We will not investigate his complaint about adult social care support as there is insufficient evidence of fault in the Council’s actions to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman