Summary: We will not investigate this complaint about the alleged operation of a care home in the complainant’s road and the impact it has on his amenity. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The issues raised are not administrative functions of this Council.

The complaint

1. The complainant, whom I refer to as Mr X, says two properties in his road are being used as care homes and their activities are putting residents of the road at risk. In particular, Mr X says:
• Medical waste is being left in the street;
• Care home residents are locked outside of the properties when they become violent, and violent/sexual assaults have been reported there;
• There is excessive traffic, parked vehicles obstruct driveways, and engines are left running;
• The use of these buildings is a breach of the covenant on the properties in the road.
2. Mr X thinks the Council should stop housing people in the properties.

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The Ombudsman’s role and powers

3. The Ombudsman provides a free service, but must use public money carefully. We do not start an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
4. And we cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

5. I considered information provided by Mr X, and the Council’s 30 November 2021 complaint response.
6. I also considered our Assessment Code.

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My assessment

7. I appreciate Mr X is very concerned about how these properties are being used and the impact it has on the residents of his street.
8. But Essex County Council says the properties are not care homes and the people living there are private tenants who hold tenancy agreements. It says the only statutory duty it has is to provide care and support to the residents living at these properties to meet their assessed social care needs.
9. As I see it, the matters raised by Mr X fall under the jurisdiction of other organisations/bodies, namely:
• Breaches of covenant should be raised with the landlord;
• Noise, waste, and anti-social behaviour issues should be reported to Babergh District Council;
• Breaches of planning control concerning the use of the properties can also be reported to Babergh District Council;
• Traffic/obstruction of the highway should be reported to Suffolk County Council or the Police;
• Concerns about alleged crimes at the properties should also be raised with the Police;
• Safeguarding concerns can be reported to Suffolk County Council.
10. The Ombudsman cannot therefore investigate Mr X’s complaint as the issues he raises are not administrative functions of Essex County Council, and come under the jurisdiction of other bodies/organisations instead.

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Final decision

11. We will not investigate Mr X’s complaint because the issues he raises are not administrative functions of Essex County Council.

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Investigator's decision on behalf of the Ombudsman