Essex County Council (21 006 322)

Category : Adult care services > Assessment and care plan

Decision : Closed after initial enquiries

Decision date : 16 Aug 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the support provided by the Council to the complainant. This is because we could not add anything further to the previous investigation by the Council.

The complaint

  1. The complainant, who I refer to here as Mr A, says that the Council:
    • Has not dealt properly with his allegations of homophobic threats and bullying by his neighbour;
    • Has not helped him to be re-housed, away from the neighbour; and
    • Has not provided adequate support via his social worker, and has refused to change the social worker.

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The Ombudsman’s role and powers

  1. 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:
  • we could not add to any previous investigation by the organisation, or
  • further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by Mr A and by the Council.
  2. I considered the Ombudsman’s Assessment Code.
  3. The complainant had an opportunity to comment on my draft decision.

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My assessment

  1. Mr A’s complaints stem from the allegations he has made about homophobic bullying and threats from his neighbour. Mr A says that he is no longer able to live at his home because of the threats, and he wants a housing swop. However, he complains that the Council is not supporting his attempts to get a housing swop.
  2. Mr A further complains that the Council is not supporting him regarding his allegations against his neighbour. He has asked for security lights and recording equipment, but he says the Council has not installed these.
  3. Mr A feels that his social worker is a stumbling block in the way of resolving the above issues, as he says the social worker is not supporting him. He also says that the social worker stopped a safeguarding investigation, discussed his mental health without his consent, did not support him to make a complaint, and has not put support in place to meet his needs. Mr A wants his social worker to be changed, and complains that the Council has not done so.
  4. The Council has investigated the complaint. It has apologised for delay in sending him a copy of the complaints procedure and providing support to make a formal complaint.
  5. However, it says that it has taken his difficulties with his neighbour seriously. It has offered to install the lights and recording equipment requested, but explains that Mr A needs to be at the property at the time. If further says that it is supporting Mr A’s house swop, but in order to do so, needs to carry out a needs assessment. It is waiting for Mr A to provide information about when he can be at his property for these to be progressed.
  6. The Council has also responded to the specific complaints about Mr A’s social worker. It has apologised for Mr A’s mental health being discussed without his consent. However, it explains that the safeguarding investigation is on-going, and that support has to be preceded by the needs assessment. Nonetheless, it has offered to change the social worker when Mr A returns to its area.

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Final decision

  1. I will not investigate this complaint. This is because there is nothing that further investigation would add to the Council’s previous investigation.

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Investigator's decision on behalf of the Ombudsman

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