London Borough of Waltham Forest (25 009 696)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to consider medical evidence when assessing the suitability of Miss X’s temporary accommodation. This is because the Council has agreed to a suitable remedy.
The complaint
- Miss X complains the Council failed to consider her child’s medical evidence when considering the suitability of her temporary accommodation.
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
- Miss X lives in temporary accommodation with her children including her child Y who has additional needs. In November 2024 an occupational therapy report was completed for Y.
- Miss X has had a previous complaint considered by us about matters leading up to the occupational therapy report. In this complaint we will consider the matters following Y’s occupational therapy report.
- Miss X complains Y’s occupational therapy report was not responded to by the Council.
- The Council says it considered the report and acted on it by raising concerns with the managing agent for her property. It was open to Miss X to request a review of the property’s suitability.
- In January 2025 Miss X requested a suitability review of her temporary accommodation. In March 2025 the Council decided the property was unsuitable. Miss X was then moved to alternative accommodation.
- The statutory timeframe for completing suitability reviews is eight weeks. The Council took 10 weeks to complete the suitability review. This is a delay of two weeks.
- We asked the Council to make a financial remedy to Miss X of £100 to recognise the frustration and uncertainty caused by the delay in carrying out a statutory suitability review. The Council has agreed.
- If Miss X doesn’t think her current accommodation is suitable it would be reasonable for her to request a suitability review of this accommodation.
Agreed action
- The Council has agreed to pay Miss X £100 and will complete this action within four weeks of this decision.
Final decision
- We have upheld Miss X’s complaint. The Council has agreed to a suitable remedy.
Investigator's decision on behalf of the Ombudsman