Summary: We will not investigate this complaint about the Council’s request that the complainant remove a shed from the garden of her temporary accommodation. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains the Council asked her to remove a shed. Mrs X says the Council has ignored why she needs the shed.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and a copy of the tenancy agreement. I also considered our Assessment Code.

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My assessment

4. Mrs X lives in temporary accommodation which is manged by the Council but owned by a private landlord. The tenancy agreement says the tenant must obtain written permission before putting up a shed.
5. Mrs X put up a shed without getting permission. The Council asked Mrs X to remove it. Mrs X has not removed the shed and the Council is considering asking the court for an injunction requiring her to remove the shed.
6. Mrs X says she needs to move. She is on the housing register and can bid for alternative accommodation. The Council said it would check to see if the property is still suitable for the family’s needs.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. This is because the Council’s decision to take enforcement action regarding the shed reflects the requirements of the tenancy agreement. There are no grounds for us to intervene.
8. I appreciate Mrs X would like to move but she is on the housing register and needs to follow the bidding process. We have no power to ask the Council to re-house her. Mrs X can ask the Council for a review if her circumstances have changed and she thinks she should be in a higher band.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman