The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council delayed in finding Mrs X a new residential placement. That is because there is not enough evidence of fault to justify investigating.
The complaint
Mrs X complained the Council had not found her a new residential home after she asked to move. She said her current residential placement did not suit her, and it was upsetting her having to remain living there.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X move into Care Home 1 in January 2021. In March 2021, she asked the Council to look for a different residential placement for her. Mrs X visited Care Home 2. She moved there in August 2021. The following month, Mrs X said she was unhappy with Care Home 2. She asked the Council to find a new residential placement.
We will not investigate Mrs X’s complaint further. The Council has fulfilled its statutory duty by accommodating her in a residential placement in line with her care and support needs. It has confirmed that it is trying to find her an alternative placement, but there are none currently available that meet her needs. There is insufficient evidence of fault in the Council’s actions to justify our investigating.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman