Summary: We will not investigate this complaint about the Council leaving Miss X in unsuitable accomodation. This is because we could not add to the Council’s investigation.

The complaint

1. Miss X complains the Council left her in an unsuitable property and has not given her a high enough priority for bidding on the housing register given she is a care leaver and pregnant. Miss X also complains the Council has delayed addressing her complaints.

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The Ombudsman’s role and powers

2. 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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council investigated the complaint about the support offered to Miss X as a care leaver under the statutory children’s complaints process. An independent investigation was completed at stage 2 and reviewed at stage 3. This found the Council did not place Miss X in her accomodation and so she needed to raise complaints about the property to the Housing Ombudsman. It found where appropriate, Children’s Services, had supported with housing matters. There is not enough evidence of fault in the Council’s investigation to justify further investigation by us.
7. The Council accepted delay in completing the statutory process, apologised and offered a further £800 in recognition of this and the distress to Miss X. This is in line with our guidance on remedies. Further investigation by us would not lead to a different outcome.
8. Miss X has not yet complained to the Council that her priority on the housing register is too low or asked it to review its decision on her priority. I will not investigate this complaint as it is reasonable to allow the Council the chance to investigate and reply. I expect the Council to complete its complaints process now this has been drawn to its attention.

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Final decision

9. We will not investigate Miss X’s complaint because we could not add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman