Summary: We will not investigate this complaint about delays in the Council dealing with Miss X’s concerns about having no hot water in her privately rented property and about poor handling of her homelessness application. This is because an investigation would not lead to a different finding or outcome. In addition, we are unlikely to find fault with the way the Council made its decision.

The complaint

1. Miss X complains the Council’s environmental health team delayed in dealing with her concerns about having no hot water in her privately rented property. She also complains about the Council’s handling of her homelessness application and of poor communication.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council accepted its environmental health team delayed in responding to Miss X’s concerns about lack of hot water. Miss X said she first raised concerns in May 2022, but the Council did not take any action to investigate and resolve the problem until August 2022. The Council apologised for this.
6. An investigation would not lead to a different outcome. This is because the Council accepted there was a delay and has apologised. I am satisfied this was an appropriate remedy.
7. With regards to the Council’s handling of Miss X’s homelessness application, the Council agreed it had called Miss X while she was at work. However, the Council noted if the call was not convenient for her to answer, it would have been reasonable for Miss X to have let the call to go to voicemail. The Council also confirmed it did communicate with Miss X through email once she requested it, and that it made arrangements with Miss X to call her at her convenience.
8. There is a conflict in evidence regarding whether Miss X had provided all the documents requested. The Council said its records showed Miss X did not provide the Section 21 notice until July 2022, but Miss X states she had provided it earlier. Therefore, an investigation is not justified as we are unlikely to reach a different finding or outcome.
9. Finally, Miss X asked the Council to change her allocated housing officer. The Council considered the request but decided it was not proportionate to change the allocated officer. This was a decision the Council was entitled to make. We cannot find fault with a decision if the decision was properly made.

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Final decision

10. We will not investigate Miss X’s complaint because an investigation would not lead to a different finding or outcome. In addition, we are unlikely to find fault with the way the Council made its decision to decline Miss X’s request for a different housing officer.

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Investigator's decision on behalf of the Ombudsman