The Ombudsman's final decision
Summary: We have upheld Mr X’s complaint about how the Council handled his request for a housing suitability review. The Council has agreed to a proportionate remedy for the injustice caused.
The complaint
Mr X complains about how the Council responded to his request for a housing suitability review.
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 information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
If we investigated this complaint it is likely we would find the Council at fault. It delayed in completing a suitability review, failed to issue a final suitability review decision to Mr X and did not inform him of his right of appeal.
We asked the Council to consider resolving the complaint early by taking action to remedy the injustice caused to Mr X. We suggested the Council write to Mr X to apologise, issue the decision letter and inform Mr X of his appeal rights. We also suggested a payment of £100 to recognise the distress in the form of frustration caused to Mr X.
Agreed Action
To its credit the Council agreed to resolve the complaint by taking the suggested actions within one month.
Final decision
We have upheld this complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X.
Investigator's decision on behalf of the Ombudsman