Summary: We will not investigate this complaint about Mr X’s housing because we could not add to the previous investigation by the Council.

The complaint

1. Mr X complains the Council wrongly discharged its duty to him when he refused a property because it was unsuitable for his disability. Mr X said as a result, he had to arrange his own accommodation at short notice and he has been caused financial hardship and distress.
2. Mr X wants the Council to apologise, provide suitable housing for him within the borough, carry out the actions it agreed in its complaint response and pay him a financial remedy.

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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 could not add to any previous investigation by the Council. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. The Council carried out a detailed investigation into Mr X’s complaint about his housing and upheld his complaints in full.
7. The Council agreed it did not properly assess what housing needs Mr X had due to his disability and that it should not have discharged its duty to support Mr X when he declined an unsuitable offer of accommodation.
8. The Council said it would carry out several corrective actions including:
• carrying out a reassessment of his housing needs;
• finding him a suitable property within the borough;
• reviewing its procedures for assessing applicants’ medical evidence;
• making improvements to its staff communications; and
• ensuring safeguarding and transition planning is carried out when temporary accommodation is due to end.
9. The Council also offered Mr X £750 as a symbolic payment to recognise the injustice caused.
10. One month after the Council’s complaint response, the Council offered Mr X a property in the borough, which Mr X accepted.
11. Further investigation by the Ombudsman would not add to the investigation already carried out by the Council. The Council has already taken the action we would expect to remedy the complaint, including by putting in place service improvements to prevent recurrence of the fault.

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Final decision

12. We will not investigate Mr X’s complaint because we could not add to the investigation already carried out by the Council.

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Investigator's decision on behalf of the Ombudsman