London Borough of Southwark (22 017 696)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 23 Apr 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about mould in temporary accommodation. That is because further investigation would not lead to a different outcome.
The complaint
- Miss X complained about mould in her temporary accommodation. She said the Council had failed to address this despite reporting her concerns several times. She said the Council’s offer to treat the mould with anti-mould paint only hid the problem. She wants the Council to move her to different accommodation or offer her a permanent property.
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 or may decide not to continue with an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- further investigation would not lead to a different outcome.
(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
- Miss X moved into temporary accommodation in September 2021. She reported concerns with damp and mould in the kitchen. The Council installed an extractor fan and treated the mould.
- Miss X complained about mould further in July 2022. She said it had returned and was attracting insects. The Council arranged for pest-infestation to visit and treat Miss X’s property, it also said it would ask its mould team to re-paint the kitchen. Miss X did not allow the Council to treat the mould. She said treating the problem with anti-mould paint was ineffective. Miss X complained.
- The Council visited Miss X’s property and said there was no evidence of mould. It offered to send its mould and damp team to complete a further assessment.
- Although Miss X is unhappy with how the Council responded to her reports of mould, we will not investigate this complaint. That is because there is not enough evidence of fault in the steps the Council took to address the problem to justify our involvement. It completed initial remedial work, offered to repaint further, visited Miss X’s property to investigate the mould complaint and offered for its mould and damp team to complete a further assessment. It is reasonable for Miss X to allow the Council to complete that assessment so it can take appropriate remedial work if necessary. Further investigation by the Ombudsman would not lead to a different outcome.
Final decision
- We will not investigate Miss X’s complaint because further investigation by the Ombudsman would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman