Summary: We will not investigate Mr X’s complaint about the Council’s communication around his homelessness application. This is because the Council gave an appropriate and proportionate remedy during the complaint process.

The complaint

1. Mr X complains about the Council’s communication with him and his family around his homelessness application.
2. He says the Council failed to communicate as promised, failed to implement his reasonable adjustment, he encountered discriminatory conduct by a duty officer, and there was delay.

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The Ombudsman’s role and powers

3. 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 any injustice is not significant enough to justify our involvement, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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)

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How I considered this complaint

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

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My assessment

7. Mr X complained about the matters set out above in paragraphs 1 and 2.
8. In the complaint response the Council said overall there was regular communication with Mr X, but apologised for a few emails that were missed due to annual leave. The reasonable adjustment was overlooked on return from annual leave but has now been noted on Mr X’s application.
9. The discriminatory conversation Mr X referred to were questions that the Council were entitled to ask as part of its statutory assessment.
10. The Council upheld Mr X’s complaint, apologised and offered £100 by way of apology. This is a proportionate remedy for the offence and distress caused to Mr X. It is also in line with our Guidance on Remedies. An investigation would not achieve more for Mr X.

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Final decision

11. We will not investigate Mr X’s complaint because the Council gave an appropriate and proportionate remedy during its complaint process.

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Investigator's decision on behalf of the Ombudsman