Oldham Metropolitan Borough Council (22 001 483)

Category : Housing > Homelessness

Decision : Not upheld

Decision date : 20 Sep 2022

The Ombudsman's final decision:

Summary: Mr C complains about housing issues. The Ombudsman has discontinued the investigation because he cannot achieve the outcome sought by Mr C and it is unlikely he can add to the Council’s complaint response.

The complaint

  1. The complainant (whom I refer to as Mr C) complains about issues related to his housing application including:
    • The Council offered him unsuitable temporary accommodation;
    • He was not offered different locations or larger properties;
    • The Council did not send him an annual review letter every year since he applied for housing. This meant he was unaware his application had been accepted and he could have bid for a new home from 2019 to 2021.

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The Ombudsman’s role and powers

  1. 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
  • it would be reasonable for the person to ask for a council review or appeal.

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

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How I considered this complaint

  1. I have considered the information provided by Mr C and the Council.
  2. I shared my draft decision with both parties.

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What I found

  1. Mr C says he applied for housing in 2019 and the Council failed to notify him that his application had been accepted. He found out he could bid after three years. He also says that he was never offered a range of properties by the Council, an offer of temporary accommodation was unsuitable, and his current home is not acceptable.
  2. I have discontinued the investigation. Mr C has a right of review with the Council in respect of the suitability of accommodation, we would expect him to use that option. He did not have to use the temporary accommodation so I do not see there was an injustice to Mr C that would warrant investigation. In respect of the Council not sending annual review letters notifying Mr C he could bid, again I see no basis to merit investigation. Mr C failed to contact the Council to check on the status of his application for a significant period, there was an onus of responsibility on him as well as the Council in this matter. It is unlikely investigation would add to what we already know or find any additional fault. Furthermore, we cannot achieve the outcomes sought by Mr C. We cannot tell the Council to provide him with a different property nor do I see a basis to ask for costs incurred by Mr C paying for private housing.

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Final decision

  1. I have discontinued the investigation.

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Investigator's decision on behalf of the Ombudsman

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