Summary: We will not investigate Miss B’s complaint that the Council had failed to move her from her overcrowded, unsuitable accommodation. This is because, now that the Council has offered her a move, it is unlikely we would achieve a different outcome for her.

The complaint

1. The complainant, Miss B, complained that the Council had failed to move her from her overcrowded, unsuitable accommodation.

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

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How I considered this complaint

3. I have considered the information Miss B and the Council have provided. Miss B has had an opportunity to comment on my draft decision.

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What I found

4. When Miss B complained to us, she and her two children were living in a flat with one bedroom. She said she had written to the Council about her need for a move but it had done nothing. She said she felt the Council had discriminated against her by not recognising her son’s specific disability. She said, due to the lack of space in her accommodation, it was not possible to carry out the occupational therapist’s recommendations.
5. To put things right Miss B said she wanted the Council to take the time to look into her case and rehouse her in suitable accommodation within the borough. She wanted to be able to bid for a property with three bedrooms. She also felt there was a need for the Council to train its staff on disability issues.
6. In its reply to our enquiry in May 2021, the Council said in September 2020 it had given Miss B priority for a transfer to alternative accommodation following a review. Following contact between its temporary accommodation service and Miss B it had offered her alternative temporary accommodation with three bedrooms. The Council said Miss B had viewed and accepted the offer. The Council confirmed that Miss B retains her position on the housing register and it had taken account of her son’s condition. This means she can continue to bid for secure accommodation with three bedrooms using its choice-based lettings system.
7. Now that the Council has offered alternative accommodation to Miss B, it is unlikely we could achieve significantly more for her or a different outcome by investigating her complaint.

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Final decision

8. We will not investigate this complaint. This is because, now that the Council has offered Miss B a move, it is unlikely we would achieve a different outcome for her.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman