The Ombudsman's final decision
Summary: Miss X complained that delays by the Council when it was dealing with her homelessness application led to her incurring court costs. There was fault by the Council. The Council has agreed to pay the courts costs to remedy the injustice caused by its delay.
The complaint
The complainant, Miss X, complains the Council delayed dealing with a homelessness application. Miss X says that the delay led to her incurring court costs.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
What I found
Miss X lived in a property under a licence agreement. In response to my enquiries, the Council has agreed that the housing service should have helped Miss X to find alternative accommodation sooner rather than advising her to remain in occupancy. Miss X says that this meant she incurred court costs of £5589.
The Council has said as it is reasonable to suggest it could have attempted to avoid court proceedings by acting sooner and so agrees to reimburse Miss X’s court costs. This is fault and reimbursing the court costs remedies the financial injustice to Miss X.
Action
Within one month of the date of the decision on this complaint the Council should: Pay Miss X £5589.
The Council should provide us with evidence it has complied with the above actions.
Decision I have completed my investigation and I find fault causing injustice. The Council has agreed actions to remedy injustice.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman