Summary: We will not investigate Miss X’s complaint about how the Council handled her housing application and her having to move out of temporary accommodation while the landlord carried out repairs. This is because we cannot achieve the outcome Miss X is seeking.

The complaint

1. Miss X complains the Council removed her daughter from her housing application when she told them of the birth of her son. She also complains that her family had to move out of temporary accommodation when it needed repairs. She says this has impacted on her health and on her children’s health.

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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
• any fault has not caused injustice to the person who complained, or
• we cannot achieve the outcome someone wants, or

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X complains the Council removed her daughter from her housing application when she told them of the birth of her son. The Council agreed it had removed her daughter by mistake for sixty days. It says that it corrected the error as soon as it was aware. It says Miss X would not have been offered a property during this time. I will not investigate this complaint because the removal of her daughter from the application has not caused Miss X an injustice.
6. Miss X also complains that she had to move out of temporary accommodation when it needed repairs. She says this has impacted on her and her children’s health. The Council said the landlord arranged Bed and Breakfast for Miss X and repaid Miss X for food for the three days. The Council said the property remained suitable for Miss X’s family. I will not investigate this complaint as there is insufficient evidence of fault.
7. Miss X has been in temporary accommodation since late 2023. She has three children, one of whom is disabled and she says the Council have moved them four times. She would like to know when the Council will offer her family a permanent home. The Council explained the average wait for a three-bed house is three to five years and that it has no discretion to act outside its allocations policy.
8. I will not investigate this complaint because the Ombudsman cannot achieve the outcome Miss X wants. While I recognise the difficulties Miss X faces the Council cannot exercise discretion outside of their allocations policy.

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Final decision

9. We will not investigate Miss X’s complaint because we cannot achieve the outcome she is seeking.

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Investigator's decision on behalf of the Ombudsman