London Borough of Southwark (23 008 833)
The Ombudsman's final decision:
Summary: We will not investigate this complaint the Council has not rehoused the complainant. There is not enough evidence of fault to justify our involvement.
The complaint
- Miss X complained the Council had not rehoused her and her siblings. She said they were overcrowded in their current accommodation and at risk of domestic abuse. She wants the Council to provide then new accommodation.
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:
- there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X cares for her siblings after the Court made a Special Guardianship Order (SGO). They live in a housing association property. Miss X contacted the Council as the property was overcrowded. She also said she was at risk of domestic abuse. She subsequently complained about the Council’s lack of support in rehousing her.
- We will not investigate this complaint. Although Southwark Council is the authority responsible for the SGO it is not Miss X’s housing authority; she lives in a different London borough. The Council has contacted the correct authority and told it about the domestic abuse risks and overcrowding. It has also written to Miss X’s housing association in support of her request for a different property. There is not enough evidence of fault in how the Council has responded to Miss X’s housing needs to justify our involvement.
Final decision
- We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman