Bury Metropolitan Borough Council (24 007 576)
Category : Other Categories > Land
Decision : Closed after initial enquiries
Decision date : 23 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to transfer a property to housing services to be used as temporary accommodation. This is because we are unlikely to find fault.
The complaint
- Ms X has complained about the Council’s decision to transfer a property from its land and property team to housing services so it can be used as temporary accommodation. Ms X says the Council failed to follow the proper processes and the decision will have a detrimental impact on local residents.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by Ms X and the Ombudsman’s Assessment Code.
My assessment
- Ms X has complained about the Council’s decision to transfer the property and the impact the decision will have on residents in the area. Ms X says the Council has ignored the concerns raised and believes the decision will make it difficult for her to move home. However, I am satisfied the Council followed the correct process and properly considered if the property should be transferred to be used as temporary accommodation. The report from the Council’s cabinet meeting sets out the reasons for the decision and considers the possible alternative options and potential risks and impact of transferring the property.
- I understand Ms X disagrees with the Council’s decision to transfer the property to housing services. But this was a decision the Council was entitled to make, and the Ombudsman cannot question this decision unless it was tainted by fault.
- Ms X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.
Final decision
- We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman