Summary: We will not investigate this complaint about the Council’s decision to refuse an emergency move for the complainant. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says he is the victim of threats and harassment but the Council will not approve an emergency move.

Back to top

The Ombudsman’s role and powers

2. 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))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes evidence from Mr X, the Council’s decision, and information about the harassment. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

Back to top

My assessment

4. Mr X is on the housing register. He applied for an emergency transfer on the grounds of harassment. He says he has been threatened and harassed by a neighbour’s boyfriend. Mr X has been arrested several times due, he says, to false allegations from the boyfriend. Mr X also says his car has been damaged. The police and the Council’s anti-social behaviour (ASB) team have been involved.
5. The Council gathered evidence from the police, housing and the ASB team. The Council considered the evidence but decided it does not show that Mr X would be at serious risk by remaining in the property and does not show he has cooperated in taking action against the alleged perpetrator. The Council accepted that both parties had made complaints and counter-complaints involving threats of violence, harassment and criminal damage. But, the Council decided the threshold for an emergency move, to a like-for-like property, had not been met. The Council said it could re-consider the case if the circumstances changed.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. We are not an appeal body and cannot intervene because a council makes a decision that someone disagrees with. We can only consider if a council has properly considered an application and, in this case, it did. It gathered information from a range of sources, including the police, and based on that evidence decided Mr X does not qualify for an emergency move. There is no suggestion of fault in the way the Council assessed the application so no reason to start an investigation.

Back to top

Final decision

7. We will not investigate this because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman