The Ombudsman's final decision
Summary: We have upheld Miss X’s complaint because the Council’s actions meant delays in assessing her housing allocations application. The Council agreed to resolve the complaint by offering a remedy for the injustice caused.
The complaint
Miss X says the Council failed to follow proper procedure upon receipt of her application for priority housing. She says the Council asked for evidence of domestic abuse, which the law doesn’t require. She also says her complaint was handled unfairly by the person she complained about, with no clear way to escalate.
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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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 accepts it should not have asked Miss X for a police report as evidence of domestic abuse. It should have told her to contact Tenancy Services, who would have investigated and referred the case.
The Council also admits it failed to make a safeguarding referral, has now done so, and apologised. It has signposted Miss X to the correct process for the banding decision.
If we investigated, we would likely find fault. The Council’s request for police evidence goes against legal guidance. This caused Miss X distress, and caused delays in her housing application being considered, resulting in further distress.
I asked the Council to apologise to Miss X within one month and pay her £100 to remedy the distress caused. To its credit, the Council agreed.
Final decision
We have upheld this complaint. The Council has agreed to resolve the complaint by providing a remedy for the injustice caused.
Investigator's decision on behalf of the Ombudsman