Summary: The Ombudsman will not investigate this complaint about how the Council dealt with concerns about the complainant’s interim accommodation. This is because it is unlikely he will find fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Miss X, has complained about how the Council dealt with the concerns she raised about her interim accommodation. She is also unhappy the Council has not compensated her for items stolen from her room.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered the complaint and the Council’s responses. I invited Miss X to comment on a draft of this decision.

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What I found

4. If the Council believes that someone is homeless and in priority need, it must, if the person asks for it, provide interim accommodation until it has assessed the person’s homelessness application. The Council has a duty to ensure that interim accommodation, and accommodation provided under the main homelessness duty, is suitable for the person’s needs.

What happened

5. Miss X made a homelessness application in February 2019 and moved into interim accommodation while the Council assessed the application. Miss X has complained about the interim accommodation she lived in between March and May 2019. The Council arranged the interim accommodation but was not the landlord for the property.
6. Miss X says she was harassed and threatened by other residents and people smoked and left rubbish in communal areas. Miss X also says the building was infested with cockroaches. In May 2019, Miss X’s room was broken into and many of her possessions were stolen. She believes the Council should compensate her for the items taken.
7. The Council says it reported Miss X’s concerns to the building’s landlord and residents were reminded of the accommodation rules. Cleaning checks were also carried out and the rooms were treated for cockroaches. The landlord sent the Council photographs to show that the problems had been addressed. The Council has said it cannot compensate Miss X for her stolen items and suggested she reports the incident to the police. Miss X has not reported the theft to the police.

Assessment

8. I will not start an investigation into Miss X’s complaint as it is unlikely I would find fault by the Council. The Council has a duty to ensure that interim accommodation is suitable. The Council contacted the landlord after receiving Miss X’s complaints and action was taken to resolve the issues she raised. As the Council looked into Miss X’s concerns and took appropriate action to ensure the problems were dealt with, it is unlikely I would find fault by the Council.
9. Miss X says the Council should compensate her for the items stolen from her room. She believes the items were stolen by another resident. The Council did contact Miss X’s landlord so it could look into the matter and suggested Miss X contact the police. Miss X says the Council should compensate her for her stolen possessions, but the Council is not responsible for this. Miss X can also still report the theft to the police.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because it is unlikely he would find any fault.

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Investigator's decision on behalf of the Ombudsman