Luton Borough Council (14 013 481)

Category : Housing > Allocations

Decision : Not upheld

Decision date : 30 Mar 2015

The Ombudsman's final decision:

Summary: Mr B complained about the way the Council dealt with him as a homelessness applicant but no longer wants the Ombudsman to investigate his complaint.

The complaint

  1. Mr B complained about the way the Council dealt with him as a homelessness applicant. He referred to a failure to address the problems he experienced at the bed and breakfast he was placed in and a failure to ensure he could bid for other accommodation.

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The Ombudsman’s role and powers

  1. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. She 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 an injustice, she may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1))
  2. The Ombudsman has the power to start or discontinue an investigation into a complaint within her jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8))

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How I considered this complaint

  1. I have considered Mr B’s written complaint and received some preliminary information from the Council. I asked Mr B to telephone me to discuss the complaint. We had a brief conversation but Mr B ended the call before we could discuss his complaint and before I could explain the Ombudsman’s role. Mr B said he did not want the Ombudsman to investigate his complaint.
  2. I wrote to Mr B and said I would investigate if he still wanted the Ombudsman involved, but I needed him to confirm what he wanted. Mr B has not replied.

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Final decision

  1. I have discontinued my investigation because Mr B no longer wants the Ombudsman to investigate his complaint.

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Investigator's decision on behalf of the Ombudsman

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