Summary: We will not investigate this complaint about the quality of temporary accommodation the Council provided Miss X after she became homeless. That is because the Council took steps to address the concerns raised. Further investigation would not lead to a different outcome.

The complaint

1. Miss X complained about the temporary accommodation the Council provided her after she became homeless. She said:
• The property was not cleaned properly before she moved in.
• The property was expensive to heat with limited hot water. She said it also had mould and damp.
• The lift to the property did not work. She said that meant she had to use a staircase to access the property, however, that was difficult as she had a young child. She said they had both fallen down the staircase, and that had caused her to injure her arm.
• The postman could not deliver post to the property because of access issues.
2. Miss X said the Council has since offered her a permanent accommodation. She is not happy with the condition of that property. She wants the Council to improve its housing services.

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The Ombudsman’s role and powers

3. We investigate 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 continue an investigation if we decide:

• further investigation would not lead to a different outcome, 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, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In response to Miss X’s complaint, the Council:
• Confirmed it had cleaned the property before she moved in. It apologised if that was not done to standard. It offered to clean the carpets further and said it would address the cleaning with its contractor.
• Apologised for the lift being out of order. It said it intended to replace the lift, but this work had been delayed. It said it had assessed a first floor property without a lift suitable for Miss X’s needs. It said if that had changed, she needed to provide supporting evidence.
• It said if Miss X had been caused an injury by falling down the stairs, she could make a claim against its insurance.
• Apologised for not providing her information about the energy system when she first moved into the property. It said it had since provided support around use of the heating system. It also visited Miss X’s property, and advice was given around heating and ventilation to help prevent damp. It found no structural defects but agreed to install some further insulation boarding.
7. Although Miss X is not happy with the Council’s response, we will not investigate this complaint. That is because:
• The Council has taken steps to rectify the problems with the temporary accommodation. It has provided advice around the use of heating, inspected the damp, and offered to clean the carpets. Further investigation by us would not lead to a different outcome.
• If Miss X felt the property was not suitable for her needs because of the lack of lift, it would have been reasonable for her to provide evidence to the Council to support that. It could have then of completed a suitability review.
• If Miss X believes the Council is liable for the injury she sustained after falling down the stairs, that would be a matter for the Council’s insurance. That is because negligence and liability issues are legal matters only insurers and the courts can decide.
8. Miss X is also unhappy with the property the Council has offered her in its discharge of the main housing duty. It is reasonable for Miss X to ask the Council for a review of that decision if she does not consider the property suitable. Following that review, she has the right of appeal to the County Court, if she disagrees on a point of law.

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Final decision

9. We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman