London Borough of Hammersmith & Fulham (21 008 396)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 22 Nov 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council is failing to help the complainant with her housing. This is because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, whom I refer to as Ms X, complains the Council is not helping her to move to safe accommodation. Ms X wants to move somewhere safe. She also complains she is disturbed by noise from her neighbours.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by Ms X and the Council. I also considered the Ombudsman’s Assessment Code and comments Ms X made in reply to a draft of this decision.
My assessment
- Ms X is a Council tenant. She has reported neighbour problems and says she is at risk from gangs.
- The Council accepted Ms X is at risk and has tried to arrange a move to a different borough. As an interim step the Council offered temporary accommodation in a different part of London. Ms X said the offer was unsuitable because she would have to share a kitchen. The Council asked her to provide medical evidence to support this but says she has not done so.
- Ms X asked for temporary accommodation in a particular part of London but the Council could not find accommodation in that area. Ms X then said she did not want to move to temporary accommodation. The Council made an application to PAN London to help Ms X find permanent accommodation in another area. However, this did not progress because Ms X did not specify more than three areas she would be prepared to move to. The Council also suggested Ms X make a homelessness application to another borough on the grounds she is fleeing violence.
- The Council has investigated Ms X’s complaints about noise nuisance but has not found any evidence of excessive noise or noise that is more than daily living noise.
- I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because the Council is taking steps to move Ms X away from the current home and has provided advice about other options. It has explored her reports of noise and continues to work with Ms X to try to help her. There is nothing more I would expect the Council to do and we cannot get Ms X rehoused.
Final decision
- We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman