Summary: We will not investigate this complaint about the suitability of a property as the Council has offered a satisfactory remedy through its internal complaints process.

The complaint

1. Ms X complains the Council misled her by advertising a property as having sole use of a garden when she bid for it. She says she later found this was not true. She says she was therefore unable to safeguard her child in the garden.
2. Ms X asked the Council to ensure exclusive use of the garden, or to re house her.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Ms X has complained the property she bid on does not have exclusive use of the garden as advertised.
7. The Council accepted the garden was wrongly advertised. It offered to carry out a suitability review, and if it found the property was unsuitable, it would allow Ms X to bid for alternate accommodation.
8. If we were to investigate, we would not achieve more than the Council has offered here. We cannot grant Ms X exclusive use of the garden, and the decision about whether the property is suitable should be made through the Council’s suitability review process.

Back to top

Final decision

We will not investigate Ms X’s complaint because the Council has taken action which we are satisfied with.

Back to top

Investigator's decision on behalf of the Ombudsman