London Borough of Southwark (24 014 570)
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint the Council abused her. There is not enough evidence of fault to justify our involvement.
The complaint
- Ms X complained the Council abused and intimidated her after she sought housing support. She said it evicted her from temporary accommodation whilst she was having medical treatment.
- Ms X said the Council’s actions had caused a deterioration in her health. She wants the Council to take disciplinary action against the officers involved in her case and to pay her compensation.
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:
- there is not enough evidence of fault to justify investigating, or
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X sought housing support from the Council in 2022 through the ‘Home for Ukraine’ scheme. She subsequently complained her assigned case officer was abusing her. Her complaints were that her case officer had encouraged her to claim benefits and register with a doctor. The Council investigated the allegations. It said there was no evidence to support Ms X’s claims of abuse; however, it agreed to allocate her a new case worker.
- Ms X continued to make complaints. In her most recent contact with the Council, she included internal emails between her then case officer and another Council employee. These emails show the case officer seeking advice as she had concerns around Ms X’s presentation and mental health. Ms X believes these emails demonstrate the Council’s abuse.
- We will not investigate Ms X’s complaints the Council abused her. The Council provided Ms X advice on how to access financial support and GP services following her move to the UK. It sought advice when it had concerns about her welfare. There is not enough evidence of fault in how the Council has acted to justify our involvement.
- In addition, Ms X wants the officers involved in her case to receive disciplinary actions. Any disciplinary action is a personnel function and a matter between the Council and its employees. Therefore, this is not an outcome the Ombudsman could achieve.
- We will also not investigate Ms X’s complaint the Council evicted her from her temporary accommodation. In its complaint response, the Council confirmed it arranged temporary accommodation for Ms X after her placement with a host ended. It said it cancelled that accommodation after Ms X left the country. Ms X had no further contact with the Council for twelve months. There is no evidence of fault in the Council’s decision to end the accommodation after Ms X left the country.
Final decision
- We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman