Summary: Mr X complained the Council moved him twice into different temporary accommodation following assault incidents, rather than moving the perpetrators. The Council was not at fault.

The complaint

1. Mr X complained the Council moved him twice to different temporary accommodation in 2019 following assaults, rather than moving the perpetrators.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I spoke to Mr X and Mr R, his representative, and considered the information they provided. I considered the Council’s replies to my enquiries.
5. Mr X and the Council had an opportunity to comment on the draft decision and I considered their comments before making a final decision.

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What I found

What happened

6. Mr X was living in temporary accommodation in a hostel when he was verbally assaulted in February 2019. The Council says there were threats from other residents so as a precaution and for Mr X’s own safety it decided to move him to alternative accommodation rather than move the perpetrator of the assault. The Council says Mr X agreed to move and its records show he accepted the alternative accommodation offered, which he moved to the following day. Mr X says he did not agree to move. He considers the Council should have moved the perpetrator because its agreement with tenants says if tenants engage in anti-social behaviour the Council may take action that could result in ending the placement.
7. Mr X later moved to shared temporary accommodation and in July 2019 he reported a sexual assault. He reported the assault to the police and to the Council. Council records show the police considered Mr X should move from the property, which they were regarding as a crime scene at that stage. The Council considered the advice from the police. It placed Mr X in emergency accommodation, before placing him in a self-contained flat a few days later.

My findings

8. When Mr X reported the verbal assault in February 2019 the Council made enquiries and decided that, for his safety, he should move to alternative accommodation. The Council considered the situation appropriately and there was no fault in the way the Council made that decision.
9. When Mr X reported the sexual assault in July 2019, the Council spoke to him to find out what had happened and was also in contact with the police. The police suggested Mr X should move to alternative accommodation and the Council to this into account when deciding to move him. There was no fault in the way the Council made that decision.
10. As there was no fault in how the Council reached its decisions, I cannot question the decisions made, even though Mr X strongly disagrees with those decisions.

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Final decision

11. I have completed my investigation. The Council was not at fault.

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Investigator's decision on behalf of the Ombudsman