Summary: We will not investigate Ms X’s complaint about unsuitable accommodation, benefits, enforcement agents, homelessness, and complaint handling. There is not enough evidence of fault to justify investigating. There are other bodies better placed to consider some parts of Ms X’s complaint, and some parts of her complaint are late. Finally, it is not a good use of resources to investigate the Council’s complaint handling where we are not investigating the substantive matters complained of.

The complaint

1. Ms X is unhappy:
1. she is living in unsuitable privately rented accommodation;
2. that she has had an infestation issue at the property;
3. the Council has made an inaccurate council tax calculation;
4. she is owed unemployment benefit payments;
5. she has experienced harassment and abuse from enforcement agents;
6. about the Council’s approach to handling her complaint; and
7. the Council failed to provide her family with accommodation when they were homeless more than two years ago.

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The Ombudsman’s role and powers

2. We investigate 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
6. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended)
7. The Department for Work and Pensions administers Universal Credit and we cannot consider complaints about it. The Parliamentary and Health Service Ombudsman may decide to investigate such complaints.
8. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
9. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

10. I considered information provided by the complainant and the Council.
11. I considered the Ombudsman’s Assessment Code.

My assessment

12. Ms X is in privately rented accommodation, not temporary accommodation provided by the Council.
13. The Council has provided Ms X with guidance about how to register for social housing and how to apply to access temporary accommodation if Ms X considers she is homeless.
14. Ms X reports that she has been in contact with the Council’s Environmental Health Team about the infestation. The Council has offered to make another referral into the Environmental Health Team for Ms X.
15. Ms X complains about the way the Council has decided her council tax bill. The Valuation Tribunal is an independent body whose decisions are binding on the Council. It would be reasonable for Ms X to make an appeal to the tribunal should she wish to contest the bill or support/reduction offered by the Council.
16. Ms X complains she is owed payment for unemployment benefits. The Council has advised Ms X about how she can make a claim for Universal Credit.
17. Any assault, abuse or harassment perpetrated towards Ms X by an enforcement officer is a criminal matter which could be reported to the police.
18. Ms X complains about the way in which the Council show insensitivity towards her and the lack of attempt to resolve the matters she complains about. Where we are not investigating the substantive matter of a complaint, we do not investigate the Council’s complaint handling.
19. Ms X was homeless for a period of several months. She complains that the Council did not attempt to relieve this homelessness. The period of homelessness is well over two years ago so her complaint is late. There is no good reason Ms X could not have approached us sooner, so we will not investigate the matter now.
20. Ms X seeks compensation from the Council for what she considers to be the effect of its faults. The courts can and do award compensation for loss or harm caused by a third party, but we cannot do so. It would therefore be reasonable to expect Ms X to pursue any claim for compensation in the courts.

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Final decision

21. We will not investigate Ms X’s complaint because:

• complaint a) and b) do not demonstrate evidence of fault by the Council.
• another body is better placed to deal with complaint c),
• the payment of unemployment benefit referred to in complaint d) is not an administrative function of the Council
• complaint e) refers to a possible criminal matter that could be reported to the police,
• it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue (complaint f)) and
• complaint g) is late and there is no good reason to exercise our discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman