Summary: We will not investigate Miss X’s complaint about the Council’s failure to contact a letting agent. The Council provided a suitable remedy for Miss X’s injustice. An investigation would not achieve more for her.

The complaint

1. Miss X complains that the Council failed to contact a letting agent to help her secure a private rented property. Miss X considers this reduced the chances of securing the tenancy. It also caused her to incur costs in finding other accommodation and storing her belongings and caused significant distress to her.

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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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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

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

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My assessment

6. Miss X made a homeless application. The Council accepted the prevention duty and issued a personalised housing plan. This set out the steps Miss X and the Council would take to prevent her from becoming homeless. These steps included that Miss X would find private rented accommodation and the Council could assist her with the deposit and rent in advance.
7. Miss X found a private rented property. She asked the Council several times to contact the letting agent to help her secure the property. The Council eventually contacted the letting agent but the property had been let to another applicant.
8. Miss X made a complaint to the Council about the delay in contacting the letting agent. Miss X said that as a result she had to secure accommodation at short notice and arrange storage for her belongings. The Council did not respond to Miss X’s complaint for several months.
9. In response to Miss X’s complaint, the Council said it had taken too long to contact the letting agent. It also acknowledged the delay in responding to her complaint. The Council apologised to Miss X and offered a payment of £400 to acknowledge the impact of the faults which occurred at a difficult time for her.
10. We will not investigate Miss X’s complaint. We could not say, even on balance, if the Council’s delay in contacting the letting agent prevented Miss X from securing the tenancy. It was a matter for the landlord to decide who to let the property to. We therefore could not say Miss X incurred accommodation and storage costs as a direct consequence of the Council’s delay. But the Council’s delay in contacting the letting agency and in dealing with Miss X’s complaint caused distress and uncertainty. The Council’s apology and payment of £400 is suitable and proportionate to acknowledge this distress and uncertainty. It is also in accordance with our Guidance of Remedies.

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Final decision

11. We will not investigate Miss X’s complaint as the Council has provided a suitable and proportionate remedy. An investigation will not achieve any more for Miss X.

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Investigator's decision on behalf of the Ombudsman