London Borough of Barking & Dagenham (25 000 765)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 16 Apr 2025
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the suitability of the property offered to her by the Council as its final offer under the main housing duty. This is because it was reasonable for Ms X to have used her right of review at the time. In addition, an investigation would not lead to any worthwhile outcomes.
The complaint
- Ms X complains about the suitability of the property offered to her by the Council as its final offer under the main housing duty. She also complains about the time she was given to move into the property.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In February 2022, the Council made Ms X a final offer of permanent accommodation under its main housing duty. The Council’s letter making this offer set out Ms X’s right to request a review of the suitability of the final offer. The Council confirmed Ms X did not request a review.
- As the Council had clearly outlined Ms X’s review rights, an investigation is not justified as it was reasonable to expect Ms X to have used her right of review at the time.
- Ms X said she was not given a suitable amount of time to request a review because she only had 21 days. She said the deadline to request a review lapsed before all the works were completed. This suggest Ms X’s main concerns about the suitability of the property was related to the condition of the property.
- The Housing Ombudsman has already considered Ms X’s complaint about the condition of the property at the time she moved in. The Housing Ombudsman has also considered Ms X’s complaint about not being given enough time to move into the property. The Housing Ombudsman has issued its report and findings on the matter.
- There is nothing further we could add by investigating the same matters that the Housing Ombudsman has already considered. Therefore, an investigation is not proportionate as it would not lead to any worthwhile outcomes.
Final decision
- We will not investigate Ms X’s complaint because it was reasonable for Ms X to have used her right of review at the time. In addition, an investigation would not lead to any worthwhile outcomes.
Investigator's decision on behalf of the Ombudsman