The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with Miss X when she was homeless. This is because she has not been caused a significant injustice in relation to the Council’s action in providing her with temporary accommodation. The Council has also acknowledge delays in responding to her complaint and provided a financial remedy so there is nothing further we could achieve from an investigation.
The complaint
Miss X complains the Council delayed responding to her complaint and providing her family with temporary accommodation. Miss X says the Council’s actions have caused her family distress.
The Ombudsman’s role and powers
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 any injustice is not significant enough to justify our involvement, or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council. I have also considered the outcome of a previous Ombudsman investigation regarding the Council’s actions in relation to Miss X’s housing.
I considered the Ombudsman’s Assessment Code and Guidance on Remedies.
My assessment
The Council has accepted that it failed to respond to Miss X’s complaint. Miss X complained to the Council in October 2021 but it did not respond until March 2022. The Council has offered to pay Miss X £150 to acknowledge any injustice this caused. That is in line with our Guidance on Remedies and there is nothing further we could achieve from investigating this part of the complaint.
The Council says it offered Miss X private rented accommodation in September 2021. Miss X refused and the Council ended its duty to house her. Miss X asked for a review of the Council’s decision and the Council accepted a “relief” duty to her in November 2021. The Council later provided the family with temporary accommodation in January 2021.
The Council had not offered Miss X temporary accommodation when she complained to us in early January 2021. At this point she told us that her landlord was considering serving a notice asking her to leave her accommodation. The Council provided temporary accommodation later in the month. Therefore, as the Council moved Miss X to alternative accommodation before her landlord actioned the notice she has not been caused a significant injustice that would warrant investigation.
Final decision
We will not investigate Miss X’s complaint because she has not been caused a significant injustice and there is nothing further we could achieve from investigating this complaint.
Investigator's decision on behalf of the Ombudsman