City of Bradford Metropolitan District Council (19 012 973)
The Ombudsman's final decision:
Summary: Miss X wants assurances that we will seek her consent before making enquires or contacting third parties about her complaint. We cannot give Miss X those assurances and so we have discontinued our investigation.
The complaint
- Miss X complains the Council has failed to provide her with proper support since she became homeless. Miss X says she has had to pay for her own stay in bed and breakfast.
The Ombudsman’s role and powers
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- 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)
How I considered this complaint
- I have spoken to Miss X about her complaint and considered the Council’s responses to her complaint.
- I have written to Miss X and the Council with my draft decision and given them an opportunity to comment.
What I found
- Miss X is concerned that I may have to speak to third parties without her consent as part of my investigation. Whilst we would usually discuss this in advance there may be rare occasions where we need to do so without a person’s consent.
- Section 29 of the 1974 Local Government Act gives us the power to require any person we think may have information relating to complaint to provide us with that information. We do not need the consent of the person complaining to be able to obtain this.
- We have given Miss X a chance to consider whether she wishes to continue with her complaint. However, she continues to have concerns about who we might contact as part of our investigation.
- Whilst I understand Miss X’s concerns, I cannot give her the assurances she seeks. Therefore, I intend to discontinue my investigation into her complaint.
Final decision
- I have discontinued my investigation into this complaint.
Investigator's decision on behalf of the Ombudsman