The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a housing application. Further investigation would not lead to a different outcome.
The complaint
Mrs X complained the Council recorded a defamatory statement about her on her housing application file. Mrs X said she was concerned the statement may have prevented her from being able to bid on a property. She wanted the Council to investigate the matter and take action.
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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained the Council included a defamatory statement about her on her housing application file.
In its complaint response, the Council acknowledged that an opinion had been incorrectly recorded on Mrs X’s housing file. It apologised to Mrs X for the distress and upset caused.
The Council assured Mrs X the statement had been removed from her housing file and confirmed it had not impacted how the Council had treated her application, or her ability to bid for a property.
In its complaint response, the Council said it had spoken to staff members about the need to only record factual statements within housing files. It also said it had updated internal guidance to clarify what could and could not be recorded within a housing file.
We will not investigate this complaint because further investigation would not lead to a different outcome. The Council apologised for recording the statement within Mrs X’s housing file and confirmed it had been removed from the file. It assured Mrs X the statement had not impacted her housing application, or her ability to bid for properties and took steps to ensure only factual statements are included on housing files in future.
Final decision
We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman