Summary: Miss X complained the Council offered a property to end the relief duty that was not suitable due to repair issues and because there was a pond in the garden. While there was a distressing incident on the day Miss X moved in this was not due to any fault by the Council. Miss X was aware there a pond in the garden and confirmed it could remain.

The complaint

1. Miss X complained the Council offered a property to end the relief duty that was not suitable due to repair issues and because there was a pond in the garden.
2. She says her child fell into the pond and nearly died.

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The Ombudsman’s role and powers

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:

• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

5. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
6. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

The relief duty

7. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)

Key facts

8. This section sets out the key events in this case and is not intended to be a detailed chronology.
9. Miss X was living in a refuge due to experiencing domestic abuse. She sought help from the Council and was given assistance to secure a privately rented property. Miss X viewed the property before moving in and was in contact with the landlord.
10. Before moving into the property Miss X exchanged messages with the landlord. This included pictures of the garden and emails discussing work that could be carried out. Miss X made comments about the garden, how the family would enjoy using it and confirmed the pond could remain.
11. Miss X moved into the property on 11 July. On the date she moved in, her child went into the garden and fell into the pond. Miss X says that she found him submerged under the water and had to administer CPR while waiting for the ambulance to arrive. Miss X says that her son nearly died.
12. While in hospital with her son, the Council agreed with the landlord that the pond would be filled in. The Council placed Miss X and her family in emergency hotel accommodation until the works at the property were completed. Miss X contacted the Council saying the hotel was not suitable because of a pond located nearby causing distress.
13. The Council responded saying this was temporary accommodation and the small pond located within the grounds was not considered unsafe or a risk. It said she should manage the security and safety of her children while on site and while it assessed her case.
14. Miss X submitted an insurance claim to the Council in respect of the accident on 18 July. She said the viewing of the property had been rushed in April 2025. She wanted to end the tenancy but says she was told that she would be considered intentionally homeless if she did this. Miss X said the incident had caused trauma and that seconds later, her son would have died. She said the pond was unsafe and the risks were not assessed or made aware to her before she moved in. She also raised concerns about repair issues at the property. Miss X said the Council should have vetted the property and it is responsible for health and safety before making a property available for rent. Miss X said that she was seeking compensation for the injuries and trauma experienced by herself, her son and other family members.
15. The Council’s insurer refused the claim. I have not been provided with a copy of the letter declining the claim by either the Council or Miss X and so I am unable to comment further on its content and the reasons the claim was declined.
16. Miss X remained at the hotel from 15 July to 7 August. The Council then placed her at a self contained property in Stevenage until 12 September. The Council completed the works to fill in the pond on 5 September however it is my understanding Miss X never returned to the property.

Analysis

17. There is no doubt the incident when Miss X’s son fell into the pond was distressing. I acknowledge what she says about the impact this has had on her family. However, my role is to consider whether there was fault by the Council in respect of the actions leading to the incident. I cannot take a view on whether the Council was negligent, that would be a decision that a court would need to make. It is open to Miss X to make a claim for negligence in court.
18. The Council provided housing assistance to Miss X after she was homeless due to fleeing domestic abuse. It accepted a relief duty and assisted her to move into a private sector property. There is no fault in how the Council dealt with her homelessness application.
19. I am satisfied Miss X was aware there was a pond in the garden at the property. Messages sent between Miss X and the landlord confirm this. I note what Miss X says about being rushed on the day of the viewing, however she sent messages to the landlord after viewing the property about the garden and in one confirmed the pond could remain.
20. I cannot know exactly what happened on the day Miss X moved into the property and how the events transpired. But what I can be certain about is that Miss X had prior knowledge of the pond in the garden and so there was no fault by the Council in respect of actions prior to Miss X moving into the property.
21. After the incident, the Council arranged for the pond to be filled and provided alternative emergency accommodation for Miss X until this was completed. I find no fault by the Council in respect of the alternative emergency accommodation.

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Decision

22. There is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman