Cornwall Council (22 013 777)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 31 Jan 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council not providing appropriate supported accommodation to Ms X’s son. This is because there is insufficient evidence of fault with the Council’s actions and the way it made its decisions.
The complaint
- Ms X complains the Council did not provide appropriate supported accommodation to her son. She says the Council failed to appropriately consider whether the accommodation could meet her son’s needs.
The Ombudsman’s role and powers
- 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In March 2020, the Council received a referral for housing support regarding Ms X’s son, Mr A.
- Mr A initially stayed with Ms X when he left hospital, while he waited for accommodation. Mr A struggled with the COVID-19 lockdown rules and wanted to live on his own and so left Ms X’s property in April 2020. Following this, the Council approved emergency accommodation for Mr A. Mr A moved to his emergency accommodation mid-April 2020.
- The Council then made a referral to another accommodation. Records showed the Council was aware of Mr A’s mental health diagnosis and of his struggle with substance misuse when it made the referral. The accommodation provider assessed Mr A before offering him a place.
- The accommodation the Council referred Mr A to was the Council’s commissioned provider of support accommodation for single, homeless people with complex needs, including mental health needs.
- An investigation is not justified as there is insufficient evidence of fault with the Council’s actions. The Council’s actions were in line with its homelessness duties. In addition, it is clear the Council was aware and had considered Mr A’s needs before it referred Mr A to the accommodation. As the Council properly considered all relevant information, we would not be able to criticise or find fault with the decision to refer Mr A to the accommodation.
Final decision
- We will not investigate Ms X’s complaint because there is insufficient evidence of fault with the Council’s actions and the way it made its decisions.
Investigator's decision on behalf of the Ombudsman