Summary: We will not investigate this complaint about the Council’s handling of Miss X’s homelessness. The Council has already provided a suitable remedy for the injustice caused by living in B&B too long. Miss X had rights of review and appeal about other matters it was reasonable for her to use. There is not enough injustice from remaining issues to justify investigating.

The complaint

1. Miss X complains that she and her children lived in B&B for 31 weeks when she was homeless. She also complains about poor communication, not receiving decision letters and that the Council provided unsuitable accommodation.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. 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:

• there is not enough evidence of fault causing injustice to justify investigating, or
• further investigation would not lead to a different outcome, or
• it would be reasonable for the person to ask for a council review or appeal; or
• there is no worthwhile outcome achievable by our investigation. (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 and her children were homeless. The Council provided emergency accommodation in a B&B. The law says Councils should only use B&B to house homeless families as a last resort and then for no more than six weeks. Miss X spent 31 weeks in B&B. In response to her complaint, the Council accepted that this was fault and that Miss X was in B&B for 25 weeks over the limit. It paid Miss X £2,500 as a remedy for the injustice caused.
7. We will not investigate this part of the complaint. The Council has accepted fault and provided a remedy in line with our guidance. The Council already has a strategy in place to reduce reliance on B&B. There is nothing further we would achieve by investigating.
8. Ms X complained that the Council did not issue decision letters or missed statutory deadlines to make decisions. There is not enough evidence of fault causing injustice to justify investigating this part of the complaint. Miss X received her personalised housing plan and so likely received the letter accompanying this. Miss X sought statutory reviews of the suitability of her accommodation. This shows that either Miss X did receive the letters resulting in the review right or else not receiving them did not cause her any injustice as she was still able to use her statutory rights.
9. Miss X used her right of review about the suitability of her temporary accommodation. This is the correct route to challenge this and so we will not investigate. The Council has since ended its duty to Miss X. This decision also had rights of review and then appeal it was reasonable for Miss X to use and so we will not investigate it.
10. Miss X also complained about poor communication. In particular, she says the Council ignored a request for a payment to help her secure a privately rented property. The Council has no records of this and Miss X has not provided any evidence to show she made one. In the absence of any evidence, it is unlikely investigation would reach a sound conclusion. There is, therefore, no worthwhile outcome to be achieved by investigating this part of the complaint.
11. We do not usually investigate complaint handling if we are not investigating the rest of the complaint. There is not enough injustice to Miss X from any faults in communication or complaint handling to justify investigating by itself. We will not, therefore, investigate this part of the complaint.

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Final decision

12. We will not investigate Miss X’s complaint because the Council has already accepted fault and provided a suitable remedy for the main part of the complaint. Miss X had rights of review and appeal on other matters. There is not enough evidence of fault causing injustice on the rest of the complaint to justify investigating.

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Investigator's decision on behalf of the Ombudsman