Source · LGO (Local Government & Social Care Ombudsman)

Birmingham City Council

LGO (Local Government & Social Care Ombudsman) Other Reference 22-008-782 Sector Housing Category Homelessness Decided 25 October 2022

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Full decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about the Council refusing to remove sofas from Miss X’s temporary accommodation. There is insufficient evidence of injustice caused by any fault by the Council.

The complaint

Miss X complained about the Council refusing to remove sofas from the temporary accommodation which she rents. She says the sofas are old and dirty and she has installed her own furniture so needs them removing due to lack of space.

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: there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A (6))

How I considered this complaint

I considered information provided by the complainant.

I considered the Ombudsman’s Assessment Code.

My assessment

Miss X says she moved into temporary accommodation which was furnished with sofas which she says are worn and dirty. She later moved her own sofas into the property and asked the Council to remove the ones it owns. The Council told her that the sofas were present when she signed the agreement and it would have to replace them if removed. Miss X does not want any new sofas from the Council as she prefers her own.

The Council is responsible for letting the temporary accommodation but Miss X accepted the tenancy with the Council’s furniture and if she chose to replace it with her own, she is responsible for removing or storing the provided furniture.

Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

In this case Miss X’s complaint is not about the suitability of her temporary accommodation but the result of her decision to replace the Council’s furniture with her own. This was her decision and there is insufficient injustice for us to investigate further.

Final decision

We will not investigate this complaint about the Council refusing to remove sofas from Miss X’s temporary accommodation. There is insufficient evidence of injustice caused by any fault by the Council.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

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