Summary: We will not investigate Mr X’s complaint about losses he incurred due to his property being used as temporary accommodation because it is more appropriate for him to take court action and because we could not achieve the outcome he wants.

The complaint

1. Mr X complained about the actions of the Council when it arranged temporary accommodation using his property. He says the property was left in a poor state, which has cost him thousands of pounds to put right and wants the Council to pay substantial compensation.

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The Ombudsman’s role and powers

2. 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:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

What happened

5. Mr X leased his property to Mr Y. Mr Y sub-let it to Ms Z, without Mr X’s knowledge or consent. The Council was involved in the agreement between Mr Y and Mr Z because the property was temporary accommodation for Ms Z. Mr X said Ms Z left the property in a state of disrepair, which cost him thousands of pounds to put right.

My assessment

6. Mr X says the Council was at fault for not making proper enquiries when it arranged temporary accommodation for Ms Z. In its complaint response, the Council said there was fraud, and it had referred the matter to its fraud team to carry out a detailed investigation. I do not know if there has been an outcome from the fraud investigation, but if fraud is identified, this would be a matter for the police. In any case, it is unlikely that further investigation by us would add to a fraud investigation by the Council.
7. Even if we found fault with the Council for not making proper enquiries when it arranged the temporary accommodation, we could not say that led directly to the losses Mr X suffered, so we could not achieve the outcome he wants, which is significant sum in compensation.
8. Mr X entered into a tenancy agreement with Mr Y. He says Mr Y was in breach of that agreement because Mr Y sub-let the property without his knowledge or consent. In those circumstances, Mr X could take court action against Mr Y and it is appropriate for him to do so.
9. For all the reasons set out above, we will not consider this complaint further.

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Final decision

10. We will not investigate Mr X’s complaint because it is more appropriate for him to take court action and because we cannot achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman