Summary: We will not investigate this complaint about the Council’s Housing Service. That is because there is not enough evidence of fault to justify investigating and any injustice is not significant enough to justify our involvement.

The complaint

1. Ms X complained the Council delayed in reimbursing the cost of a stay in a hotel after it agreed to provide her with accommodation when she was homeless. She said that following her complaint to the Council about this matter, it told her she had rent arrears for the period of January to March 2020. She said the Council had previously told her she only had to pay £50 a week for the accommodation.
2. Ms X said her interactions with the Council’s Housing Service was poor. She said this had affected her mental health and wellbeing. She wants the Council to write off the rent arrears.
3. Additionally, Ms X stated the Council has failed to credit it her money it owes her from her council tax account.

Back to top

The Ombudsman’s role and powers

4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, and
• any injustice is not significant enough to justify our involvement, and
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.
8. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

Back to top

My assessment

9. In February 2020 the Council arranged temporary accommodation in a hotel for Ms X when she was homeless. Ms X ended up paying for a night’s accommodation when the Council should have met the cost. Ms X said she asked for a refund the following month; however, the Council did not reimburse the money until May 2021.
10. Although Ms X is frustrated by the Council’s delays in dealing with the matter, we will not investigate it further. That is because the Council has reimbursed the hotel cost and offered to pay Ms X £100 in recognition of its delay in dealing with the matter. That is in line with our guidance on remedies. Therefore, there is no outstanding injustice to Ms X and further investigation would not lead to a different outcome.
11. We will also not investigate the Council’s decision to invoice Ms X for rent arrears she accrued between January and March 2020. In its complaint response the Council confirmed it wrote to Ms X in February and March 2020 advising her of the weekly charge of the accommodation and the arrears. Although Ms X said she did not receive those letters, the Council fulfilled its duty to tell her about the charges. Therefore, there is not enough evidence of fault in the Council’s actions to justify us investigating.
12. There was a delay in the Council following up the arrears with Ms X. The Council has confirmed that was because of staff shortages and work priorities. However, there is not enough evidence to indicate that fault caused Ms X a significant injustice and it has not affected the amount of arrears owed. The Council has confirmed that since February 2021, it has a dedicated team in place to deal with housing arrears. Therefore, there is nothing to be achieved through further investigation.
13. Although Ms X is dissatisfied with the Council’s Housing Service overall, and its poor communication. We would not consider any injustice caused by that significant enough to justify our involvement.
14. There is nothing to indicate Ms X has contacted the Council about its failure to refund her money in relation to her council tax. We expect a complainant to have completed the Council’s complaint process before we will investigate.

Back to top

Final decision

15. We will not investigate this complaint. This is because there is not enough evidence of fault in the Council’s actions and any fault identified has not caused significant injustice to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman