Summary: We will not investigate this complaint about changes the Council is making to its extra care housing scheme. There is not enough evidence of fault to justify our involvement.

The complaint

1. Ms X complained about changes the Council is making to how it provides night-time support in its extra care housing scheme. She said the Council was reducing the number of overnight staff and that the reduction was dangerous, placing her and other residents at risk. She said she was promised staff would be available 24 hours a day when she took the tenancy. She said the Council has stated there might be further changes to the proposals.
2. Ms X said the Council’s decision has caused her health to deteriorate. She wants the Council to review its decision, or provide her direct access to a member of staff at night.

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The Ombudsman’s role and powers

3. 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)
4. 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))

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How I considered this complaint

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

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My assessment

7. The Ombudsman is not an appeal body. This means we will not take another look at the Council’s decision and come to our own conclusions. Instead, we look at the process the Council followed when it made its decision. If we consider it followed these processes correctly, we cannot question whether the decision was right or wrong.
8. The Council decided to review how it provided support through its extra-care scheme. It contacted tenants and held face-to-face meetings at the relevant schemes; it piloted the changes; analysed the pilot results and then consulted with tenants and stakeholders about the outcome of the pilot and proposal. The Council considered tenants concerns to the scheme. It confirmed night-time support remained available but was accessed in a new way. It decided to recommend the proposed changes. These were agreed by the Council’s Senior Leaders.
9. Although Ms X is unhappy about the Council’s decision to make changes, we will not investigate this complaint. That is because there is not enough evidence of fault in how it has gone about consulting and approving the changes to justify our involvement. In terms of future changes, the Council might make, we cannot investigate something that has not happened. If Ms X does not feel the extra care provision meets her care needs, she can ask the Council for a new adult social care assessment.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman