Swindon Borough Council (22 016 053)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 27 Mar 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council not fully resolving the disrepair issues in Miss X’s privately rented accommodation. She also complains the Council failed to recognise her household’s need for an extra bedroom. This is because there is no ongoing significant injustice to justify an investigation.

The complaint

  1. Miss X complains the Council has not fully resolved the disrepair issues in her privately rented accommodation. She also complains the Council has not recognised her household’s need for an extra bedroom.

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The Ombudsman’s role and powers

  1. 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))

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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. There is evidence the Council took action to address the disrepair in Miss X’s property. The Council had visited the property with the landlord to assess the disrepair and the Council noted the landlord had committed to repairing the concerns. The Council also noted that there had been an improvement to the despair following the landlord’s actions.
  2. Miss X’s landlord served her a section 21 notice and Miss X left the property. Therefore, an investigation is not justified as there is no ongoing injustice as Miss X left the property. Further, if Miss X felt the section 21 notice was not valid, she had the opportunity to challenge the possession of the property in court.
  3. The Council also confirmed it had visited Miss X in her new property to assess it on medical grounds. Following the assessment, the Council agreed Miss X was eligible to join the housing register for three bedroom properties on medical grounds. Therefore, an investigation is not justified as there is no ongoing significant injustice.

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Final decision

  1. We will not investigate Miss X’s complaint because there is no ongoing significant injustice to justify an investigation.

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Investigator's decision on behalf of the Ombudsman

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