Summary: The Ombudsman will not investigate Ms B’s complaint about the problems she is experiencing in her temporary accommodation. This is because another local authority is best placed to consider the matter.

The complaint

1. The complainant, whom I shall call Ms B, complained about the problems she is experiencing in her temporary accommodation which is in the Council’s area.

Back to top

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 could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I have considered the information Ms B and the Council provided. I have given Ms B an opportunity to comment on my draft decision.

Back to top

What I found

4. Another local authority arranged the temporary accommodation for Ms B. Ms B told us she wants to move elsewhere.
5. We must normally give councils a reasonable opportunity to consider and respond to complaints before we pursue them. So we referred Ms B‘s complaint to the Council. A council officer contacted Ms B in August 2020. The Council told us Ms B made it clear she does not wish for the details of her situation or her personal information to be discussed internally within the Council or contained within its systems. That is because she sees herself and her complaints as the responsibility of the Council which placed her in the temporary accommodation. Under these circumstances, and the fact the Ms B clearly stated she does not want any involvement from the Council in this issue, its view is it would not be appropriate or helpful to consider this complaint under its complaints procedure.
6. In this case, the authority which placed Ms B in the temporary accommodation is best placed to consider her complaint. As the London Borough of Barnet did not make the placement, we could not achieve the outcome Ms B is seeking by investigating a complaint against this council.

Back to top

Final decision

7. The Ombudsman will not investigate this complaint. This is because another local authority is best placed to consider the matter.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman