Summary: We will not investigate Miss X’s complaints about the suitability of her temporary accommodation and about the delay in providing her with long term accommodation. This is because Miss X has a right of appeal and because we are not likely to find fault.

The complaint

1. Miss X complained the Council placed her and her son in unsuitable temporary accommodation as it failed to take into account their medical needs. Miss X also complained about the Council’s delay providing long-term accommodation, delay in installing safety window catches at the temporary accommodation and about how the Council handled reports she made about anti-social behaviour.

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The Ombudsman’s role and powers

2. 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
• we could not add to any previous investigation by the organisation, 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))

3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

6. Miss X complained the Council did not take medical needs into account and placed her and her son in unsuitable temporary accommodation after she applied for homelessness relief. The Council asked Miss X whether she would like a review of the suitability of the accommodation, which she has declined. It was reasonable for Miss X to have used her right of review if she considered the property to be unsuitable. Therefore, I therefore will not investigate this complaint.
7. Miss X is on the Council’s housing register and the Council has awarded medical band B priority in recognition of her and her son’s medical needs. Miss X has a right to as the Council to review her priority banding awarded by the Council. It is reasonable for Miss X to ask the Council to complete a review. Therefore, I will not investigate this part of the complaint.
8. Miss X complains about the time taken for the Council to find her permanent housing. The Council explained there is a shortage of available housing in the area, and this has contributed to the delay in sourcing long-term accommodation for her. The Council owes Miss X the main housing duty. There is no statutory timeframe for the Council to discharge the main housing duty. Therefore, there is not enough evidence of fault by the Council to justify investigation.
9. There was a delay in the Council completing an adaptation to install safety catches on the windows at the temporary accommodation. The Council apologised for this delay and confirmed it has now installed the catches. Further investigation into this complaint is unlikely to lead to a different outcome.
10. Miss X also complained about inappropriate behaviour by her housing officer. The Council apologised for the inappropriate behaviour and assigned a different housing officer to work with Miss X. I will not investigate this complaint as further investigation is unlikely to lead to a different outcome.
11. The Council confirmed it has not responded to a complaint from Miss X about how it handled her reports of anti-social behaviour, but it will now do so. This complaint is therefore premature, and I will not investigate.

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Final decision

12. We will not investigate Miss X’s complaint because Miss X has a right of review of the suitability of her temporary accommodation and the priority banding awarded. In addition, there is not enough evidence of fault and an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman