Summary: We will not investigate this complaint about the Council’s provision of drug rehabilitation services. The matters would be better raised through a local councillor.

The complaint

1. Mr X complained about the Council’s provision of drug rehabilitation services. He said the staff were inexperienced; the facilities were in disrepair and there was a three-month wait for residential rehabilitation. He said because of this, he had to pay for a relative, Mr Y to receive treatment at a private establishment. He wants the Council to reimburse him those costs and improve its facilities.

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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
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

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

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My assessment

5. In the Council’s response to Mr X’s complaint, it said it was aware of disrepair and was taking steps to refurbish its buildings. It also provided information around its staffing arrangements and explained the pathway for residential rehabilitation services. The Council told Mr X it could not investigate his complaint about the service it provided Mr Y without his consent. It said it would not reimburse Mr X for Mr Y’s private treatment, as it was his choice not to access its provision.
6. Although Mr X is unhappy with the Council’s response, we will not investigate his complaint about the Council’s provision of drug services. Firstly, without consent, the Council could not investigate Mr X’s concerns about Mr Y’s drug treatment. There is not enough evidence of fault in how it reached that decision to justify our involvement. If Mr Y wants the Council to respond to concerns about his individual treatment, he would need to make that complaint to the Council before we could consider it.
7. Secondly, the Council has responded to Mr X’s complaint about how it hopes to improve its provision of drug services. We would not investigate this further as Mr X has not suffered a personal injustice. The matters he raises about the provision of services, would be better raised through a local councillor.

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Final decision

8. We will not investigate Mr X’s complaint because the matters would be better dealt with through a local councillor.

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Investigator's decision on behalf of the Ombudsman