Summary: We will not investigate Miss X’s complaint about the suitability of accommodation provided by the Council because it was reasonable for Miss X to use her right of appeal. We also will not investigate Miss X’s complaint about the housing officer’s behaviour because it is unlikely that further investigation would lead to a different outcome.

The complaint

1. Miss X complains the Council provided unsuitable accommodation. She says the Council did not take her needs into account and the housing officer behaved inappropriately. Miss X also complains that belongings stored by the Council were damaged, and she had to pay travel costs between emergency accommodation.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
3. 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

Back to top

How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Miss X applied to the Council as homeless and it placed her in emergency accommodation. Miss X told the Council about her mobility needs. An Occupational Therapy assessment was completed and the Council used this to inform its assessment of Miss X’s housing needs.
8. The Council offered Miss X temporary accommodation. She raised concerns that the property was not suitable but accepted the accommodation. The Council advised Miss X that it had its relief duty had ended. Miss X complained to the Council the accommodation was unsuitable. The Council completed a review and found the accommodation was suitable for Miss X’s needs.
9. The Council’s review response advised Miss X of her right to appeal its decision in court. It was reasonable for Miss X to use her appeal rights and I will therefore not investigate this complaint.
10. Miss X says the Council’s housing officer spoke inappropriately to her and a family member. The Council noted Miss X’s concerns and apologised if she had a negative experience, but it could not find any evidence that the housing officer deliberately caused her stress. I will not investigate this complaint as it is unlikely further investigation would lead to a worthwhile outcome. This is because as there is likely to be conflicting evidence about what happened, we are not likely to be able to make any findings about how the housing officer spoke to Miss X.
11. Miss X complains that belongings stored by the Council when she was in emergency accommodation were damage. She also asks for a refund for the cost of travel between emergency accommodation. I will not investigate either of these complaints as they have not yet been through the Council’s complaints process. Miss X can provide the Council with details of these complaints if she would like them to be considered further.

Back to top

Final decision

12. We will not investigate Miss X’s complaint because it was reasonable for Miss X to use her right of appeal. We will also not investigate part of Miss X’s complaint because it is unlikely that further investigation will lead to a worthwhile outcome. Finally, we will not investigate other parts of Miss X’s complaints because they have not yet been considered by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman