London Borough of Islington (24 008 137)
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the suitability of interim accommodation provided by the Council after she made a homelessness application. The Council has already accepted the location of the initial interim accommodation provided was not suitable and has offered an appropriate remedy. There is no evidence of fault in how it responded to her concerns in her current accommodation.
The complaint
- Mrs X complained about the suitability of interim accommodation the Council provided after she approached it for homelessness support. She said the Council initially placed her in accommodation in an area where she was at risk from her ex-partner. She said that left her at risk from stalking and violence.
- She said the second property provided was also not suitable. She said there was damp and an infestation of bugs. She said the Council had not supported her with the storage costs for her personal belongings.
The Ombudsman’s role and powers
- 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:
- 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), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X approached the Council for homelessness support in 2023. The Council provided her with interim accommodation whilst it decided whether it owed her a homelessness duty.
- Shortly after moving into the accommodation, Mrs X emailed the Council and said she was not safe. She said her ex-partner was stalking her. The Council identified alternative interim accommodation in a different location.
- In the Council’s complaint response, it accepted the accommodation first offered was not suitable. It offered her £150 a week for placing her in unsuitable accommodation. It also said it would share learning from her complaint with relevant staff.
- We usually offer between £150 - £350 a month where a complaint has been deprived suitable accommodation. The Council’s offer is in excess of this as it recognises the additional distress caused to Mrs X. The Council’s offer remedies any injustice caused. Further investigation by the Ombudsman will not lead to a different outcome.
- The Council issued an intentionally homeless decision. The decision letter set out how it came to its decision and told Mrs X she could ask for a review if she disagreed. Mrs X did not ask for a review.
- The Council continued to provide Mrs X with interim accommodation, despite it not owing her a homelessness duty. Mrs X complained the accommodation had damp, no working toilet and an insect infestation. The Council completed an inspection of the property in March 2024. It did not find evidence to support her concerns. There were some minor repairs it asked the letting agent to address.
- We will not investigate this complaint. The Council has responded to Mrs X’s concerns about the accommodation and did not find evidence of the issues she reported. It has subsequently offered to complete a further visit. There is not enough evidence of fault to justify our involvement.
- In the Council’s March 2024 complaint response, it offered to support Mrs X with any storage costs and finding alternative storage. Mrs X has provided an email showing the Council agreed to collect her personal belongings in May 2024. There is not enough evidence of fault in how the Council has provided support with Mrs X’s personal belongings. We will not investigate this complaint further.
Final decision
- We will not investigate Mrs X’s complaint because the Council has offered a suitable remedy and it would not be proportionate to investigate further.
Investigator's decision on behalf of the Ombudsman