London Borough of Lewisham (21 014 433)

Category : Housing > Other

Decision : Upheld

Decision date : 28 Feb 2022

The Ombudsman's final decision:

Summary: The Council failed to provide evidence of compliance with a remedy it previously agreed with the Ombudsman. In the original complaint, we found the Council failed to investigate Mr B’s complaint The Council agreed to make a financial payment to recognise the impact of its fault. The Council was at fault for not paying Mr B or keeping records of its attempts to do so. The Council will review its internal procedure for ensuring compliance with, and providing evidence of, recommendations made by the Ombudsman to prevent future injustice to others.

The complaint

  1. The Council failed to provide evidence it complied with the recommendations by the Ombudsman. In the original complaint, we found the Council failed to investigate Mr B’s complaint. The Council agreed to make a financial payment to him to recognise the impact of its fault. The Council did not provide evidence it paid Mr B or tried to do so.

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The Ombudsman’s role and powers

  1. 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. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
  2. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. I considered information provided by the Council and Mr B.
  2. Mr B and the Council had the opportunity to comment on a draft decision. I considered their comments before making my final decision.

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What I found

Original complaint

  1. Mr B complained the Council did not respond to his complaint about supported accommodation.
  2. We upheld his complaint and found fault with the Council for failing to consider his complaint under its complaint procedure. The Council’s fault caused Mr B frustration and put him to time and trouble pursuing his complaint.
  3. In response to a draft decision, the Council agreed to action the following recommendations:
    • Within 25 working days of the final decision, provide Mr B with a stage 2 complaint response and escalate his complaint to the next stage if he wishes.
    • Within one month of the final decision, apologise to Mr B for the faults identified in this decision statement.
    • Within one month of the final decision, pay Mr B £100 for the time and trouble he was put to.
    • Within two months of the final decision, review how it processes mail to ensure it is recorded and reaches the right department.
    • Within two months of the final decision, provide all staff involved with its complaints procedure with training and guidance about its responsibilities under the Public Sector Equality Duty.
  4. The final decision was issued in April 2021.

What happened

  1. Between May 2021 and November 2021, we asked the Council for evidence it completed the agreed recommendations. It provided evidence it had completed the recommendations in paragraph 8, apart from paying Mr B £100.
  2. The Council said it needed Mr B’s bank details to pay him. It said it had tried to phone and email him but had been unsuccessful.
  3. In November 2021, we asked the Council to provide evidence it had tried to contact Mr B. The Council said it was finding it difficult to evidence it had tried to contact Mr B.
  4. In January 2022, we told the Council we would register a new complaint for non-compliance.

Analysis

  1. The Council failed to evidence it made or tried to make the financial payment to Mr B as agreed in the original complaint. The Council was at fault for non-compliance with an agreed remedy within the timescales requested.
  2. When a council agrees to take the action we recommended, it should be accountable and make every effort to comply with it. If we had not checked for compliance, it seems likely the Council would have allowed this case to drift without honouring the agreed recommendation. This is a breach of trust. It risks undermining public confidence in the Council and in the consensual system of administrative justice through the Ombudsman.
  3. I am disappointed that our experience of chasing the Council for evidence it actioned the agreed recommendations, mirrored Mr B’s experience of having to chase the Council to consider his complaint.

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Agreed action

  1. Within three months of the date of our final decision the Council will:
    • Review its internal procedure for ensuring compliance with, and providing evidence of, any future recommendations made by the Ombudsman.
  2. In addition, the Council still needs to satisfy us on an original recommendation we made in Mr B’s case which outstanding. This is to:
    • pay Mr B £100 for time and trouble within a month of this final decision.
  3. The Council should provide the Ombudsman with evidence it has completed these actions.

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Final decision

  1. I have completed my investigation and uphold Mr B’s complaint. Mr B was caused an injustice by the actions of the Council. The Council has agreed to take action to remedy that injustice and prevent future injustice to others.

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Investigator's decision on behalf of the Ombudsman

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