London Borough of Barnet (24 020 731)
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint the Council placed her in unsuitable accommodation for 13 months and delayed in applying the correct priority band to her housing register application. This is because the Council has already appropriately remedied the faults accepted and an investigation would not lead to any further findings or recommendations.
The complaint
- Ms X complains the Council placed her in unsuitable accommodation for 13 months and that the Council delayed in applying the correct priority band to her housing register application.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In October 2020, the Council placed Ms X in long term temporary accommodation.
- In October 2023, the Council completed a new medical assessment for Ms X as she had submitted new medical evidence. The medical assessment recommended for Ms X’s son to have access to outdoor space and for a ground floor property or lift access. The Council noted Ms X’s temporary accommodation did not have an outdoor space and was on the first floor with no lift. The Council accepted the property was therefore no longer suitable.
- In December 2024, the Council offered Ms X alternative suitable temporary accommodation. Ms X accepted this and moved in near the end of December 2024.
- During its complaint investigation, the Council acknowledged Ms X remained in unsuitable accommodation between November 2023 and December 2024. The Council offered a payment of £150 for each month she remained in unsuitable accommodation. A total of £1950 (13 months).
- Ms X also complained the Council delayed in applying Band 2 priority to her housing register application. During its complaint investigation, the Council accepted it should have honoured the advice it gave in February 2024 for Ms X to be placed in Band 2. The Council confirmed it had since placed Ms X in Band 2 and backdated her effective date to November 2023. The Council awarded £50 in recognition of the distress caused by the delay.
- Ms X says the delay caused her to lose out on an offer of permanent social housing. However, the Council confirmed the delay did not impact on any offer of permanent social housing because there were still applicants on the register with Band 2 and the same bedroom need as Ms X who have been waiting since 2022.
- Therefore, an investigation is not justified as the Council has already appropriately remedied the faults accepted. The Council’s remedy offer is in line with our guidance on remedies and an investigation would not lead to any further findings or recommendations.
Final decision
- We will not investigate Ms X’s complaint because the Council has already appropriately remedied the faults accepted and an investigation would not lead to any further findings or recommendations.
Investigator's decision on behalf of the Ombudsman