Summary: We will not investigate this complaint about the Council’s failure to properly consider a complaint about the suitability of accommodation. This is because the Council has agreed to conclude its complaint handling in line with our recommendations and an investigation by us at this stage would not be proportionate.

The complaint

1. Ms X complains about the suitability of temporary accommodation the Council has placed her family in.
2. Ms X says the Council has failed to consider her complaint about these matters.
3. Ms X says the accommodation poses health risks to her family.

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The Ombudsman’s role and powers

4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X raised her initial concerns with the Council in June 2025. The Council’s corporate complaints procedure states the Council should provide a stage one response within 10 working days. The Council acknowledged its delays in responding.
9. We wrote to the Council saying if we were to investigate, it is likely we would find fault causing Ms X injustice, because of delays in the Council handling her complaint about the suitability of accommodation.

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Agreed action

10. We agreed with the Council that it would conduct a stage two complaint investigation and respond to Ms X within 20 working days of this decision. The Council also agreed at that point it would tell Ms X about her right to escalate her complaint back to the Ombudsman if necessary.
11. The Council has agreed to resolve this part of Ms X’s complaint, and it is then open to Ms X to complain to us again if she remains unhappy with the Council’s final response to the main issues she complains about.

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Final decision

12. We will not investigate Ms X’s complaint because we have upheld a complaint about complaint handling fault and the Council has agreed to provide a response by a set date.  

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Investigator's decision on behalf of the Ombudsman