Summary: We will not investigate Miss X’s complaint about the Council’s actions following previous direction by the Ombudsman. This is because there is not enough evidence of fault.

The complaint

1. Ms X complains the Council:
• Placed her in unsuitable accommodation for a period of 5 years;
• Did not comply with the directions of the Ombudsman;
• Did not take proper enforcement action against her landlord in 2023;
• Handled the investigation of her mite infestation poorly;
• Sent her threatening letters; and
• Communicated with her poorly.
2. Ms X would like financial compensation for the impact on her health, and damage to her belongings, which she says is caused by the Council’s negligence.

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The Ombudsman’s role and powers

3. 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))

4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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)

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How I considered this complaint

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

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My assessment

8. The matters raised before April 2023 have already been considered by the Ombudsman and so I will not consider again. This includes Ms X’s complaint about being placed in unsuitable accommodation. All other elements of Ms X’s complaint are being considered from April 2023 onwards only.
9. In January 2024, the Ombudsman directed the Council to apologise to Ms X, pay her £500 in recognition of distress and uncertainty caused by its delay completing her housing assessment, and to create an action plan for its repair works to her home. The Council complied with the directions however states the progress of repair works have been impacted because Ms X has not arranged to vacate her property. Ms X disputes this. The documents I have seen show the Council explained the need for her to vacate multiple times and her landlord agreed to pay for alternative accommodation whilst they completed the works. Therefore, I will not investigate further as there is not enough evidence of fault and any ongoing injustice to Ms X is caused by her actions.
10. Ms X also complains the Council did not take suitable action to enforce the Improvement Notice it served on her landlords in 2023. She says the lack of action amounted to negligence and is seeking financial compensation. Only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation. Therefore, I will not consider this matter further as it is reasonable for Ms X to pursue her compensation claim at court.
11. Ms X has not yet complained to the Council about its investigation of a mite infestation. I will not consider this matter further because the Council has not had the opportunity to investigate and reply.
12. I have seen letters sent by the Council to Ms X and I do not consider them to be threatening. There is not enough evidence of fault to justify further investigation.
13. It is not a good use of public resources to investigate matters about poor communication if we are not investigating the substantive issue.
14. Lastly, Ms X also raised several matters which have arisen since she made her complaint to the Ombudsman in March 2024. I have not considered these matters as the Council has not had the opportunity to investigate and reply.

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Final decision

We will not investigate Ms X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman