Westminster City Council (25 020 546)
The Ombudsman's final decision:
Summary: We upheld Mr X’s complaint about the Council’s handling of his housing application review. The Council agreed to resolve the complaint early by paying Mr X a symbolic payment to acknowledge the injustice caused. It also agreed to issue a decision on his housing application review.
The complaint
- Mr X complains the Council failed to review his housing application within the statutory timescale. He says the Council also delayed responding to his complaint and relied on a cyber-attack to explain these delays. Mr X says after resolving the cyber-attack issues, the Council gave him a new date for its decision but failed to meet this deadline. He says the Council has not provided any further updates since and these delays have had a significant impact on his and his family’s wellbeing. Mr X wants the Council to issue a decision on his housing application review, taking account of his medical needs and the risks to his children. He also wants the Council to pay him compensation for the distress and uncertainty caused by its delay.
The Ombudsman’s role and powers
- 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).
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- If we investigated this complaint, we would likely find fault because of the delays and missed deadlines dealing with Mr X’s housing application review. In the Council’s complaint response, it upheld Mr X’s complaint about the delay but did not fully remedy the injustice caused to Mr X.
- The Council agreed to pay Mr X compensation for the initial eight-week delay at a rate of £10 per week. However, there were further significant avoidable delays, and we do not consider the time, trouble and uncertainty Mr X experienced was remedied.
- We therefore asked the Council to consider remedying the injustice caused to Mr X by its delay’s in resolving his complaint.
Agreed action
- To remedy the injustice caused, within 4 weeks of the final decision, the Council has agreed to:
- Make a symbolic payment of £260 (£10 per week for the 26-week delay, deducting £80 if this has already been paid) to acknowledge the distress the uncertainty the delay caused until April 2026.
- Make a symbolic payment of £150 for the time and trouble Mr X experienced pursuing the matter.
- Complete Mr X’s housing application review and issue its decision.
Final decision
- We have upheld this complaint, and the Council has agreed to resolve it early by providing a proportionate remedy for the injustice caused to Mr X.
Investigator's decision on behalf of the Ombudsman