Summary: We will not investigate this complaint about Mr X’s placement in temporary accommodation by the Council. This is because an investigation would be unlikely to find fault or lead to a different outcome.

The complaint

1. Mr X complained to the Council about the suitability and safety of temporary accommodation it provided. Mr X was unhappy with the Council’s response when he raised concerns about the accommodation and that that his concerns were not taken seriously.

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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:

• there is not enough evidence of fault to justify investigating, or
• it would be reasonable for the person to ask for a council review or appeal; or
• further investigation would not lead to a different outcome. (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X has a physical disability. The Council placed him in temporary accommodation with steps outside to access the property. There was a lift outside the property to facilitate access.
6. The Council checked with Mr X before he moved whether he could use the steps to access the property if needed, as the lift did not always work as it should. Mr X confirmed with Council staff he could use the steps outside if needed.
7. Shortly after moving in, Mr X reported falling both inside and outside the property. He reported the lift outside not working and furniture in his room being unsafe. The Council responded to each of Mr X’s concerns and referred him to an occupational therapist for additional support and guidance.
8. After a few weeks, the Council moved Mr X to alternative accommodation The Council told Mr X about his rights of review and appeal about the suitability of the accommodation. It directed him to contact Adult Social Care for an assessment if he needed more support with his day-to-day living.
9. We will not investigate Mr X’s complaint further. The Council considered suitability before providing the accommodation, responded to Mr X’s concerns and provided alternative accommodation after a few weeks. There is not enough evidence of fault in the Council’s actions to justify investigating.
10. In any event, as Mr X no longer lives in the property, it is unlikely investigation would achieve a worthwhile outcome. Mr X has a right of review and appeal about the suitability of the new property which it is reasonable for him to use and so we will not investigate it.

We need to say why we aren’t investigating. In basically every case, your “my assessment” section should include the words “we will not investigate because” at least once.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and it is unlikely an investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman