The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to pay Ms B’s hotel accommodation. This is because it is unlikely further investigation would find enough evidence of fault to warrant an Ombudsman investigation.
The complaint
Ms B says she is unable to live in her housing association property because it is unsafe. Ms B says the housing association paid for her to live in a hotel until 2019 and she has had periods of time living in her car. Ms B says following discharge from hospital in October 2021 the Council agreed fund a period of 6 weeks hotel accommodation. Ms B says she has no washing facilities and is afraid living in her car. Other options of accommodation offered are unsuitable for her and she wants the Council to continue to fund her living in a hotel.
The Ombudsman’s role and powers
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council says it offered Ms B accommodation in June 2021 when she was discharged from hospital, but she said it was unsuitable. Ms B says she lived in her car until October 2021 when the Council agreed to fund her hotel accommodation for 6 weeks. In December 2021 her allocated social worker assessed her as needing supported accommodation but Ms B refused this option. The Council says it has been working with Ms B and her housing provider to identify support and address her housing needs, but Ms B has rejected solutions as unsuitable.
Ms B can complain to the Housing Ombudsman regarding her concerns about her property. We cannot consider this matter.
Although Ms B wants to live in the hotel and has refused alternative options as unsuitable, we could not say there is any evidence of fault with the Council’s decision to refuse to fund hotel accommodation. The Council has assessed Ms B as needing housing with support and has offered this option. Ms B has refused but the offer is open to her should she want to pursue it.
Final decision
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.
Investigator's decision on behalf of the Ombudsman