Summary: We will not investigate Mr X’s complaint about the suitability of the interim accommodation offered following his homelessness application. This is because we are unlikely to find fault. It is also unlikely an investigation by the Ombudsman would add to the Council’s response or achieve anything more for Mr X.

The complaint

1. Mr X complains the Council failed to assess the suitability of his accommodation despite his disabilities. He says the Council’s response to his complaint was inadequate and did not resolve the issues complained about. He says the Council failed to make reasonable adjustments under the Equality Act. He says the situation has caused him both mental and physical pain. Mr X wants the Council to provide him with accommodation which meets his needs and accept it failed to provide reasonable adjustments. He also wants the Council to provide compensation for the distress and the way it handled his case.

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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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. We cannot find that an organisation has breached the Equality Act. However, we can find an organisation at fault for failing to take account of its duties under the Equality Act.

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council placed Mr X in interim accommodation following his homelessness application. Mr X complained the accommodation did not meet his medical needs due to its size, location, and condition. The Council said the location enabled Mr X to attend medical appointments within a reasonable time and offered suggestions to help him manage travel with his disability. While it accepted the property was compact, it stated it met legal suitability requirements. The Council took account of Mr X’s household size and said there was no assessed need for a two-bedroom property, as his relative does not provide overnight care. While the Council was satisfied the accommodation was suitable, it said it would use its discretion and consider providing Mr X a self-contained one-bedroom property to help him with the issues he was experiencing.
8. As the Council properly considered if the interim accommodation was suitable for Mr X’s needs, we are unlikely to find fault. Around one month later, the Council moved Mr X into alternative temporary accommodation under its main housing duty. As Mr X has now moved, further investigation is also unlikely to add to the Council’s response or achieve a different outcome for Mr X.
9. Mr X also complained the Council failed to make reasonable adjustments for his medical needs under the Equality Act. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether an organisation has properly taken account of an individual’s rights in its treatment of them. The Council considered the concerns Mr X raised and explained why it considered the original property provided met his needs. The Council also provided alternative accommodation better suited to meet his needs. We are therefore unlikely to find fault in how the Council considered its duties under the Equality Act.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find fault. It is also unlikely an investigation by the Ombudsman would add to the Council’s response or achieve anything more for Mr X.

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Investigator's decision on behalf of the Ombudsman