The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about problems with his temporary accommodation because there is insufficient evidence of fault to justify our involvement.
The complaint
Mr X complained that: his upstairs neighbour was throwing rubbish out of their window, which ended up in the yard of his temporary accommodation, but the Council had not addressed this; agents of the Council had illegally tried to enter his temporary accommodation in May 2023; and agents for the Council were not passing on top-ups in relation to his electricity account that he was entitled to.
Mr X said he was caused avoidable distress and harassment, and financial loss, as a result of the Council’s failings, for which he wanted compensation.
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 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: there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organization (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about his upstairs neighbour throwing rubbish out of their window in February 2023. In its complaint response the Council said it had spoken to the neighbour, who had said they would respect the rules. In a later response, the Council accepted the neighbour had continued the behaviour for a further month after this, which it would address with them. Mr X said he had left the property in September 2023.
It was appropriate for the Council to speak to the neighbour to resolve the matter informally if possible. We will not investigate this complaint further because there is insufficient evidence of fault to justify our involvement. Further, Mr X has since left the property, so he is no longer affected by any continuing behaviour by the neighbour.
Mr X also complained about actions by the Council’s agent. In its complaint response, the Council explained the agents had tried to contact Mr X but had not been able to do so. The agents therefore visited his property to check he was still living there. The agents did not try to access the property.
We will not investigate the complaint further because there is insufficient evidence of fault to justify this. It was appropriate for the Council or its agents to check if he was still living in the temporary accommodation it had provided. There is nothing further we could add to the Council’s investigation.
Mr X also complained he was not receiving appropriate utility payments. In its complaint response. The Council explained he was entitled to £40 per month towards his electricity and its agents would apply top-up payments to the account to cover any excess. We will not investigate the complaint further because there is insufficient evidence of fault to justify this.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman