Summary: We will not investigate this complaint about the Council’s provision of its housing duties. There is not enough evidence of fault in the Council’s decision to refer to children’s services. Also, we would expect Mrs X to use her right of review to contest the Council’s offer of permanent accommodation, and we cannot achieve the outcome Mrs X wants.

The complaint

1. Mrs X complained about the conduct of staff officers, including a referral to children’s services that she regarded as unnecessary.
2. Mrs X also said her temporary accommodation was unsuitable. After moving from this property, Mrs X complained the Council intended to move her again despite it saying it would consider making the accommodation permanent.
3. Mrs X said she has suffered distress and financial loss.
4. Mrs X wants the Council to investigate its staff members, compensate her and agree to make her temporary accommodation permanent.

Back to top

The Ombudsman’s role and powers

5. 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
• we cannot achieve the outcome someone wants, or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

8. We will not investigate Mrs X’s complaint about staff conduct. This is an internal HR and personnel matter; the Ombudsman usually only considers service-related maladministration where a Council may not have followed its service policies and processes.
9. Housing services have a duty to promote and safeguard the welfare of children and must follow processes if they become aware of a potential safeguarding issue.
10. We will not investigate this part of Mrs X’s complaint. There is not enough evidence of fault in the Council’s decision to refer concerns to children’s services. From the evidence I have seen, social workers were satisfied that Mrs X’s children were not at risk of harm and did not take any action.
11. The Council has a duty to assess and provide housing for its residents that meet specific criteria. The Council also has a duty to keep property suitability under review. In law a resident has a right of request for a review of the suitability of a property. Mrs X requested a review in 2024. The Council considered the review at the time, and decided the accommodation was suitable.
12. Mrs X said the condition of her previous temporary accommodation caused damage to her belongings in 2025. We will not investigate this part of Mrs X’s complaint. The Ombudsman cannot decide liability for loss or damage, so we cannot achieve the outcome Mrs X wants. Mrs X can apply to the court if the matter remains unresolved.
13. Mrs X moved to the most recent temporary accommodation later in 2025. Mrs X complained the Council offered permanent accommodation which she regarded as unsuitable. Mrs X also said she felt misled as a Council officer had suggested this temporary accommodation could become permanent.
14. Section 206 of the Housing Act 1996 states that accommodation secured under Part 7 of the Act must be suitable. This includes temporary and final offers of accommodation following a homelessness application.
15. Mrs X asked the Council to review its offer of permanent accommodation. We will not investigate this part of Mrs X’s complaint. It was reasonable for Mrs X to ask the Council for a review and await the outcome. If Mrs X remains dissatisfied after the review, she can appeal to the court on a point of law.
16. Additionally, we cannot achieve the outcome Mrs X wants. We cannot instruct the Council to make her temporary accommodation permanent.

Back to top

Final decision

17. We will not investigate Mrs X’s complaint because there was not enough evidence of fault in its decision to refer to children’s services. Also, it was reasonable for her to use her appeal rights to contest the Council’s offer of permanent accommodation, and we cannot achieve the outcome that Mrs X wants.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman