London Borough of Brent (22 015 801)

Category : Housing > Allocations

Decision : Upheld

Decision date : 26 Mar 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council placing Miss X in unsuitable accommodation. The Council has offered Miss X a financial remedy in line with our guidance, therefore we are satisfied with the steps it has taken to remedy the injustice caused. It is reasonable for the Council to have the opportunity to consider reimbursing any specific costs Miss X incurred before we consider her complaint.

The complaint

  1. Miss X complained the Council had placed her in unsuitable accommodation after it moved her into a property that could not be adapted to meet her needs. She said she had spent money on the property as she believed it was going to be her permanent home. She wants the Council to reimburse the money she has spent as she is unable to afford the cost of setting up a new home.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
  2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We will not investigate Miss X’s complaint the Council has placed her in unsuitable accommodation. The Council has accepted the property is not suitable for her needs and that it delayed in arranging an Occupational Therapist. It has agreed to pay her £250 a month from the date it moved her into the property to remedy any injustice caused. That is £4500 for the 18 months Miss X has lived in the property. It said it will continue to pay that amount until it finds her suitable accommodation. That is in line with our guidance on our remedies.
  2. The Council has agreed to consider any additional costs Miss X had incurred since living at the property. Following that, Miss X can return to the Ombudsman if she is unhappy in how the Council has considered that request.
  3. The Council has offered Miss X £300 for roofing disrepair. We cannot investigate Miss X’s complaints about the property’s state of repair or the remedy the Council has offered. That is because we have no jurisdiction to investigate complaints where the Council is acting as a social landlord.

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Final decision

  1. We will not investigate Miss X’s complaint because we are satisfied with the steps the Council has taken to remedy the injustice caused.

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Investigator's decision on behalf of the Ombudsman

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