London Borough of Hammersmith & Fulham (25 025 041)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with his housing matter. This is because the Council has admitted some failings and apologised and offered a recognition payment under its internal complaints process. Further investigation would not achieve a worthwhile outcome.
The complaint
- Mr X complained about the way the Council has dealt with his housing matter as he said it has caused him significant distress.
- Mr X said the complaints process had come to a different decision than the Council had previously made and he would like that new decision to stand, he was also seeking compensation and to be re-housed as soon as possible.
The Ombudsman’s role and powers
- 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 we could not add to any previous investigation by the organisation, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- At the time of Mr X’s complaint to the Council, it had sent him a ‘minded to’ letter stating on the information it had it was likely he would not be given priority allocation.
- The Council gave Mr X the opportunity to provide more information and said it would then make its decision. The priority decision, once made, comes with a right to a review.
- The Council accepted there had been some issues with communications as it had not always called Mr X when it said it would and it had not responded to every email from him.
- The Council apologised and offered £25 as a recognition of what had happened.
- Any complaint about the Council’s later decision would have to be dealt with through the review process referred to, and a further complaint if necessary. However, based on Mr X’s request the later decision be adhered to, that decision is acceptable to him.
- Any investigation by us would not lead to Mr X being re-housed outside of the Council’s allocation scheme.
Final decision
- We will not investigate Mr X’s complaint because the Council has offered a proportionate remedy during its internal complaints process. Further investigation would not achieve a worthwhile outcome.
Investigator's decision on behalf of the Ombudsman