Summary: We will not investigate Miss X’s complaint because the Council has agreed to take the action we recommended to resolve the injustice it caused her as a result of its failure to accept a homeless application.

The complaint

1. Miss X complains the Council failed to take action against her private landlord when she reported disrepair issues in her accommodation including damp and mould. Miss X the Council arranged the accommodation for her when she became homeless and failed to carry out a proper inspection before she moved in. Miss X says she made a new homeless application to the Council because of the repair issues but it did not progress this.
2. Miss X says she and her family have been caused distress as a result of living in the property.

Back to top

The Ombudsman’s role and powers

3. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code and Guidance on Remedies.

Back to top

My assessment

6. Miss X was rehoused in private rented accommodation by the Council in April 2021 after she became homeless. The Council says the accommodation was inspected by its contractor prior to Miss X moving in and there was no evidence of damp in the accommodation at the time.
7. Miss X complained to the Council about damp and mould and other issues in November 2021. Miss X told the Council she had reported the issues to her landlord in August 2021 but the repair issues had not been resolved.
8. The Council carried out an inspection and identified a number of disrepair issues including damp, mould, and issues with lighting in the bathroom. The Council wrote to Miss X’s landlord and asked them to resolve the issues it had identified.
9. Following the inspection Miss X contacted the Council and said she was homeless as a result of the repair issues in the property because it was not reasonable for her to continue to occupy the property. The Council did not respond to this. This is fault.
10. The Council had reason to believe Miss X was homeless and should have responded to her request for a homeless application. The Council may have decided Miss X was not homeless as the landlord had agreed to resolve the issue identified but it would have had to write to her with a formal decision giving her a right to request a review. Therefore, Miss X has been caused uncertainty as a result of the Council’s failure to deal with her request for a homeless application.
11. The Council has agreed to consider a homeless application from Miss X and pay her £250 to acknowledge the uncertainty caused to her.
12. Miss X’s landlord carried out work to repair the property following the Council’s inspection. The majority of work was completed in the timescales given by the Council. However there was a delay in starting work to deal with underlying causes of damp and mould. This is because the building is owned by a number of different parties and all needed to agree to work before it commenced.
13. The Council is not responsible for repair issues at Miss X’s property. This is the responsibility of her landlord. As set out above the Council has caused Miss X an injustice as a result of its failure to accept a homeless application but Council is not responsible for any injustice arising from the repair issues in the property.

Back to top

Agreed action

14. Following our recommendations the Council has agreed to accept a new homeless application from Miss X and pay her £250 to acknowledge the uncertainty caused to her.
15. The Council should take this action within 4 weeks of our final decision.

Back to top

Final decision

16. We will not investigate Miss X’s complaint because the Council has agreed to take the action we recommended to resolve the injustice it caused her as a result of its failure to accept a homeless application.

Back to top

Investigator's decision on behalf of the Ombudsman