Summary: The Ombudsman will not investigate this complaint that the Council has not implemented the remedy from a previous complaint to the Ombudsman. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council has not fully implemented the remedy that was recommended by the Ombudsman in October 2018. She is particularly concerned that she has not been allowed to join the housing register.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I considered information from the Council which shows it implemented the remedy. I invited Ms X to comment on a draft of this decision.

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What I found

What happened

4. In 2018 Ms X complained to the Ombudsman about the Council’s decision that she could not join the housing register. We upheld the complaint and asked the Council to apologise to Ms X and pay her £150. We also asked the Council to accept Ms X onto the housing register and backdate the application.
5. The Council confirmed to us in 2018 that it had fully implemented the remedy. We wrote to the Council in December 2018 to say we were satisfied with the action it had taken. I have seen the letter the Council sent to Ms X confirming she was on the housing register and the application had been backdated to 2017.
6. In January 2020 the Council told Ms X it had suspended her housing application because all the available properties for her group have been let. Ms X’s housing application will resume in April 2020.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council.
8. The Council explained to us, in 2018, the action it had taken to implement the remedy and we confirmed we were satisfied with the action it had taken. The action included admitting Ms X to the housing register and backdating the application.
9. The Council has confirmed Ms X remains on the housing register although the application has been suspended pending an allocation of a new lettings quota in April 2020. The suspension is part of the normal operation of the scheme and does not mean the Council did not implement the remedy. Ms X can resume bidding after the Council lifts the suspension in April.

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Final decision

10. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman