Summary: We will not investigate Ms B’s complaint about the way the Council considered her housing needs in 2022. This is because it is unlikely we would find enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

The complaint

1. Ms B complained the Council should not have moved her into supported living accommodation in 2022 regardless of the fact she agreed to this at the time. Ms B says the Council should have supported her to remain in independent accommodation with her own tenancy. Ms B says the Council’s failure to ensure she had the right accommodation and support has led to a serious decline in her mental health. Ms B wants the Council to admit it was wrong not to provide insight into the environment she moved into and acknowledge supported living accommodation was a misjudgement on their part.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Council records show Ms B said she was experiencing difficulties living in her council flat and subsequently this resulted in a deterioration in her mental health. The Council says it was evident Ms B was experiencing difficulties with independent living at the time and supported living was discussed with her. It says case notes record Ms B requested to move into supported living accommodation. There is also a record of Ms B’s live in carer supporting her to terminate her tenancy which, the Council says, indicated she wanted to move into supported living accommodation.
6. Although there were difficulties with some of the placements and Ms B had to move, there is not enough evidence of fault with the actions taken by the Council in assisting Ms B to move into supported living accommodation in 2022 when she initially moved. Ms B says she was unwell at the time and the Council should have done what was best for her in the long term regardless of what she said. However, although Ms B was suffering from a decline in her mental health, she expressed a preference about where she wanted to live, and the Council had a duty to take her views and wishes into consideration. The Council has since supported Ms B to make an application for a further independent tenancy.
7. Ms B has complained about the care she received in her current placement and concerns she has not been safeguarded properly. I have not considered these points. The Council is still considering Ms B’s complaint about these matters. If Ms B remains dissatisfied with the outcome of the Council’s investigation when it is completed, she can come back to the Ombudsman for further consideration on these points.

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Final decision

8. We will not investigate Ms B’s complaint because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman