Summary: Miss Y complained the Council mishandled her housing application and offered her unsuitable accommodation. Miss Y said the Council’s actions have been draining, upsetting and stressful. We have found no fault in the Council’s actions.

The complaint

1. Miss Y Complained the Council:
• Has mishandled her housing application since 2014.
• Has offered her unsuitable, private rented accommodation which she cannot afford and is far from her son’s school and their family support network.
• Lost medical information relevant to her housing application.
• Took too long to provide information following a subject access request.
• Made a safeguarding referral in retaliation to a complaint.
2. Miss Y said the Council’s actions have been draining, upsetting and stressful and she feels she is unable to raise her concerns. Miss Y would like to be offered affordable housing in her preferred area to ensure she is not at risk of homelessness. She would also like Council staff to be trained on treating people with compassion and empathy.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
6. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

7. I have not investigated Miss Y’s complaint the Council has mishandled her housing application since 2014 as there is no good reason Miss Y could not have come to us with this complaint sooner.
8. I have not investigated Miss Y’s complaint the Council offered her unsuitable housing as she had a right to appeal this decision to the County Court and the Council made her aware of this. I have seen no reason why Miss Y could not have appealed.
9. I have not investigated Miss Y’s complaint the Council lost medical information relevant to her housing application and took too long to provide information following a subject access request as the Information Commissioner’s Office is better placed to investigate these matters.
10. I have investigated Miss Y’s complaint the Council completed a safeguarding referral in retaliation to a complaint.

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How I considered this complaint

11. I discussed the complaint with Miss Y and considered the information she provided.
12. I made enquiries of the Council and considered the information it provided.
13. Miss Y and the Council had an opportunity to comment on the draft decision. I considered any comments I received before making a final decision.

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What I found

Legal and administrative background

14. Everyone who works with children has a responsibility for keeping them safe. If children and families are to receive the right help at the right time, everyone who encounters them has a role to play in identifying concerns, sharing information, and taking prompt action. (Working Together to Safeguard Children) 

What Happened

15. In 2023 Miss Y submitted a complaint about the way a member of the housing team had spoken to her during a phone call.
16. Miss Y says, following this complaint, the same member of staff made a
    multi-agency safeguarding hub (MASH) referral to social services about her. Miss Y believed this was a malicious referral which was made in response to her complaint.
17. The Council and Miss Y have provided differing views on whether a safeguarding referral was made. The Council told us no safeguarding referrals have been actioned against Miss Y as she has continued to reside at her parents’ house throughout the stages of her homeless application.
18. Miss Y has provided evidence the Council did complete a safeguarding referral.
19. In an email to Miss Y the Council explained it completed a MASH referral when it assessed Miss Y and her son as being at risk of homelessness. The Council has a duty to make a referral to children’s services when it has concerns about a child’s welfare.
20. There is no evidence of fault in the Council’s actions.
     

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Final decision

I have completed my investigation. I have not found fault in the Council’s actions.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman