Summary: We cannot investigate this complaint about a homeless hostel’s approach to substance misuse. That is because the Charity running the hostel is not within our jurisdiction. The Council has provided advice about how to report anti-social behaviour. Further investigation by us would not lead to a different outcome.

The complaint

1. Mr X complained about a homeless hostel run by a charity (the Charity). He said at a community meeting the Charity had said it allowed residents to use drugs in their own rooms. Mr X said the Council used the hostel to accommodate homeless people. He wants the Council to clarify whether the Charity’s policy on substance misuse is compliant with drugs legislation.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
4. 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 further investigation would not lead to a different outcome. (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. We cannot investigate Mr X’s complaint about what the Charity said at a community meeting or the content of its substance misuse policy. Although the Council commissions the hostel to provide housing to homeless people, the Charity’s substance misuse policy is not the responsibility of the Council. Therefore, we have no jurisdiction to investigate this. The Council has sought advice from the Police, who has confirmed there is nothing to suggest the Chairty’s approach to substance misuse is illegal.
8. In addition, the Council has advised Mr X to report any illegal behaviour, including drug dealing outside of the hostel’s premises to the Police. It has also directed Mr X to report anti-social behaviour to its anti-social behaviour team. Further investigation by us would not lead to a different outcome.

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Final decision

9. We will not investigate Mr X’s complaint because the Chairty’s policy is not the responsibility of the Council. Further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman