The Ombudsman's final decision
Summary: Miss X complained she suffered abuse in interim accommodation from a live-in manager. Miss X complained the Council is wanting her to pay arrears for interim accommodation costs she has already paid. Miss X also complained the Council failed to provide support for her while she was in interim accommodation. Miss X also complained the Council failed to advise her when it accepted her on to its main housing duty. The Ombudsman does not find fault with the actions of the Council in relation to the interim accommodation. The Ombudsman does find fault with the delay in deciding to accept Miss X on to its main housing duty. The Council agreed to the Ombudsman’s recommendation to apologise to Miss X and provide her with a payment of £300 to reflect the injustice caused through its delay.
The complaint
Miss X complained she suffered abuse in interim accommodation from a live-in manager at the interim accommodation.
Miss X says the Council offered unsuitable properties through its housing allocation process.
Miss X also complained the Council wanted her to pay arrears for the interim accommodation costs she had already paid to the live-in manager.
Miss X complained the Council did not provide her with suitable information about support she was entitled to because of her mental health and ability to cope in the interim accommodation. Miss X also advised the Council failed to provide information about how it would help her with moving costs Miss X also says the Council failed to advise that it had accepted her on to its main housing duty.
Miss X says the Council ignored her complaints and concerns she raised with the Council.
What I have investigated I have investigated Miss X complaints about repayment of rent arrears, the information provided about support in temporary accommodation and the communication from the Council about its housing duty and Miss X’s complaints. I have also partially investigated Miss X’s complaint about abuse from the live-in manager as far as the Ombudsman’s jurisdiction extends.
I have not investigated Miss X’s complaints about the suitability of the housing offers the Council made to her. I have explained my reasons for this in the section titled “Parts of the complaint that I did not investigate”.
The Ombudsman’s role and powers
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) 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)
How I considered this complaint
I have considered all the information Miss X provided. I have also asked the Council questions and requested information, and in turn have considered the Council’s response.
The Council provided comments on my draft decision which I considered before making my final decision.
What I found
Homelessness When someone applies to a council for accommodation and it has reason to believe they may be homeless or threatened with homelessness, several duties arise.
Section 184 of the Housing Act 1996 (the Act) requires the housing authority to make such inquiries to satisfy if an applicant is eligible for assistance and, if so, what duty it owes the applicant under the provisions of the Act.
Initially the housing authority has to decide if it owes an applicant a prevention (section 195) or relief (section 189B) duty.
Where a housing authority has reason to believe an applicant may be homeless, eligible for assistance and in “priority need” it has a duty to provide interim accommodation under Section 188(1) of the Housing Act 1996. The Council must provide this interim accommodation while fulfilling its duty under Section 189 of the Act.
If a housing authority decides a person is homeless and eligible for assistance the Council must provide a Section 189A and Section 189B duty.
Section 189A of the Housing Act 1996 says the housing authority must complete an assessment of an eligible person to determine what housing duty it owes a person. An assessment must include consideration of: The circumstances that caused the applicant to become homeless or threatened with homelessness.
The housing needs of the applicant including what accommodation would be suitable for the applicant and any persons with whom the applicant resides or might reasonably be expected to reside.
What support would be necessary for the applicant and any other relevant persons to be able to have and retain suitable accommodation.
Section 11 of the Homelessness Code of Guidance for Local Authorities says housing authorities will need applicants to provide all relevant information to inform an assessment. The housing authority will need to consider the applicants needs, as well as the needs of any person in their household.
Housing authorities should provide assessment services that are flexible to the needs of applicants and understand that some applicants may be reluctant to disclose information. Section 13.6 of the Guidance says “For some applicants, the circumstances, needs or issues that have contributed to their being homeless may also affect their ability to work with the housing authority.”
Section 189B of the Housing Act 1996, known as the “relief duty” gives the housing authority a duty to all applicants who are both homeless and eligible for assistance. This duty requires the housing authority to take reasonable steps to help a person secure suitable accommodation for at least six months, but no longer than 12 months.
The housing authority must have regard to an assessment under Section 189A of the Act when considering its Section 189B duty.
The housing authority must grant an applicant the main housing duty under Section 193, if the housing authority is satisfied: An applicant is eligible for support; An applicant has a priority need; An applicant is homeless (or threatened with homelessness) unintentionally; and 56 days have passed since the housing authority granted the applicant the Section 189B duty.
A housing authority can end its duty under Section 189B under other circumstances but must provide notice of this to the applicant.
When the relief duty ends the local authority must decide if it owes the applicant a Section 193 duty, the “main housing duty”.
A housing authority may choose not to end its Section 189B duty on day 56 and can instead use its discretion to continue this duty depending on the individual circumstances of an applicant.
The Homelessness Code of Guidance for Local Authorities (Paragraph 14.16) says a local authority should not delay in completing inquiries as to what duty it will owe after the relief duty. Where the local authority has the information it requires to a make a decision, it should be possible to notify the applicant on or around day 57. In some instances, the local authority may need to complete significant further investigation, the local authority should complete this further investigation within a maximum of 15 working days after the 56 days have passed.
Applicants have a right to ask for a review of a council’s decision about their homelessness application or the suitability of temporary accommodation. There is no right to review the suitability of interim accommodation provided while the council makes enquires.
Council complaints policy The Council has a two-stage complaints policy.
When a person complains to the Council it will ask a person to refer their complaint to “Comments and Complaints” for registration.
The Council will log a complaint and provide its response at Stage 1 within 10 working days from the date of registration.
If a person is dissatisfied with the response at Stage 1, the Council will progress to Stage 2 of its complaint process. The Council will provide its Stage 2 complaint response within 20 working days from the date of escalation.
What happened Miss X left her permanent residence in September 2019 in a different Council area and took up residence in different refuges in that Council area.
On 16 August 2020, Miss X started to live in the Hastings Borough Council area in bed and breakfasts.
Miss X applied to the Council for housing. A council officer met with Miss X to discuss housing and completed a housing options assessment with her on 22 September 2020. The Council decided it owed Ms X a Section 189B, temporary accommodation, duty under the Housing Act 1996 as Ms X was homeless and eligible for assistance.
As part of the Council’s initial assessment of Miss X, she told the Council she had back and mobility issues along with mental health issues. The Council decided it needed to make further medical enquiries about Miss X’s health issues.
The Council offered Miss X a placement at Property 1 on 22 September 2020. Miss X rejected Property 1 because it did not allow visitors.
The Council agreed with Miss X to place her in interim accommodation on 6 October 2020 under its Section 189B relief duty. On 7 October 2020, the Council placed Miss X at Property 2. Miss X agreed to contribute £27 per week towards the cost of the accommodation when signing the contract for the accommodation.
The Council continued to make enquiries into whether it owed Miss X its main homelessness duty following Miss X’s placement in interim accommodation.
The Council referred Miss X to its “Home Works” support team on 9 October 2020.
Miss X contacted the Council on 12 November 2020. Miss X said she would wait for the Council to house her on its housing list but felt she could stay at Property 2 meanwhile. The Council responded to Miss X to advise it is waiting on the result of Miss X’s homeless application to decide Miss X’s eligibility for social housing.
Home Works contacted Miss X on 9 November 2020 to ask if it could arrange an assessment. Home Works advised it had been trying to contact Miss X but could not reach her previously. Home Works closed Miss X’s file in December 2020 as it could not contact Miss X.
The Council wrote to Miss X on 20 November 2020 to advise Miss X needed to pay towards her interim accommodation as agreed in the contract. The Council advised Miss X was £162 in arrears and asked her to arrange payment. The Council wrote to Miss X about the same matter on 3 December 2020 and advised she was now £216 in arrears.
The Council spoke with Miss X on 22 December 2020. Miss X advised everything was okay with her interim accommodation. Miss X emailed the Council following this call to request the Council moved her to alternative interim accommodation. Miss X did not disclose any details of the issues she was experiencing at the interim accommodation. The Council responded to Miss X the same date to enquire about the issues she was experiencing.
Miss X emailed the Council at 17:22 on 24 December 2021 to enquire about the situation with her housing application. Miss X did not raise concerns about immediate rehousing. The Council offices closed at 17:00 on 24 December 2020 and reopened on 4 January 2021.
The Council contacted Miss X on 4 January 2021 to offer to discuss her housing application and the situation at her interim accommodation.
Miss X contacted the Council on 5 January 2021 to report sexual abuse from the live-in manager at Property 2. The Council moved Miss X to different interim accommodation, Property 3, on the same date. The Council agreed a new contract with Miss X to pay £27 each week for Property 3 and reported Miss X’s concerns to the owners of Property 2.
The Council referred Miss X to Home Works again on 6 January 2021 to get support for Miss X. Home Works advised it would try to contact Miss X again to complete an assessment.
On 14 January 2021, the Council wrote to Miss X to advise she was in arrears of £351 for her interim accommodation contributions. Home Works also contacted the Council on this date to advise it had tried to contact Miss X several times but received no response from Miss X.
The owners of Property 2 confirmed with the Council on 15 January 2021 that it had remove the live-in manager from employment.
The Council contacted Miss X’s GP from her former council area for Miss X’s medical records on 27 January 2021. Miss X’s former GP advised she was no longer registered with it so the Council would need to contact her new GP but it had no details of this. The Council asked Miss X to provide it with details of her new GP.
Home Works told the Council on 8 and 18 February 2021 that Miss X did not respond to their contacts.
Miss X contacted the Council on 3 March 2021 and advised she would be taking the Council to court over the actions of the live-in manager at Property 2.
Home Works closed Miss X’s file again on 5 March 2021 because of no contact.
The Council continued to liaise with Miss X to try to get details of her GP. Miss X provided details of her GP on 1 April 2021. When the Council contacted this GP it told the Council Miss X was not registered with it.
Miss X paid £400 to the Council towards the rent arrears for her interim accommodation in April 2021. Miss X also told the Council she had registered with a new GP. On 29 April 2021, the new GP told the Council Miss X had not registered with it.
The Council liaised with Miss X about registering with a GP. Miss X also asked the Council on 30 April 2021 if her son could move in with her into a new 2-bedroom interim accommodation.
From 1 May 2021 to 7 May 2021, the Council liaised with Miss X about her son’s living situation and the prospect of him moving in with her. On 12 May 2021, the Council confirmed Miss X’s son could move in with her and it would find suitable 2-bedroom accommodation for them.
On 13 May 2021, the Council offered Miss X a two-bedroom interim accommodation from 17 May 2021, Property 4. Miss X agreed to this new interim accommodation. This agreement meant Miss X paid for her bills direct and did not include a contribution to the Council.
Miss X contacted the Council on 15 May 2021 about the actions of the live-in manager at Property 2. Miss X also complained the Council left her without support in the interim accommodation. The Council told Miss X how to make a formal complaint and offered to Miss X that it could make a referral to Home Works for her if she needed support.
Miss X raised a formal complaint on 24 May 2021. Miss X complained about the sexual and financial abuse she experienced from the live-in manager at Property 2. Miss X complained that she had to beg the Council to allow her son to move in with her. Miss X also said the Council only gave her two days notice to move into Property 4 with her son after it agreed. Miss X also complained the Council did not help her with costs for the removal van when she moved between interim accommodations and about the rent arrears.
The Council sent a Stage 1 complaint response to Miss X on 7 June 2021. The Council said: It provided Miss X with interim accommodation under Section 188 of the Housing Act 1996 after Miss X approached it as homeless.
Following its enquiries into what housing duty it owed Miss X it had decided it owed Miss X a full Section 193 housing duty.
It moved Miss X from Property 2 on 5 January 2021 as soon as Miss X made it aware of the issues. The Council said the owner’s of property 2 had removed the manager following it reporting this.
Miss X should register with a GP and speak to the Home Works service it had referred her to for support.
Miss X made no request to the Council to protect or move her belongings between interim accommodations.
Miss X asked for a response at Stage 2 of the Council’s complaints process.
On 15 June 2021, the Council wrote to Miss X to confirm it had a Section 193/ Section 195 duty to her under the Housing Act 1996. The Council explained this was the main housing duty to arrange for a private landlord to make an offer of an assured 12-month private rented property to her or arrange suitable social housing. The Council said it made this decision because of the historic medical information it held on her file and the deterioration of Miss X’s mental health meant it was unlikely to get new medical information.
The Council wrote to Miss X on 16 June 2021 to advise she still owed personal contribution arrears up to 17 May 2021. Miss X spoke with the Council and agreed to a referral to Home Works to get support.
The Council sent a Stage 2 complaint response to Miss X on 21 June 2021. The Council responded to each of Miss X’s complaint points. The Council: Told Miss X the live-in manager was not an employee of the Council so it was not responsible for his actions.
Said it moved Miss X as quickly as possible when she made it aware of the issues she was experiencing.
Told Miss X to contact her GP for medical support.
Said its officer was getting evidence from 1 May 2021 to 7 May 2021 to decide the eligibility of Miss X’s son moving in with her.
Said Miss X’s arrears were a result of the lack of payments towards her client contribution while she was in interim accommodation at Property 2 and Property 3.
Said it had no evidence Miss X sought help with costs for moving.
Said its review of Miss X’s Stage 1 complaint prompted the Council’s acceptance of Miss X on to its main Housing Duty which in turn prompted the letter of 15 June 2021.
Since 21 June 2021, the Council has offered Miss X properties and Miss X has applied for properties in relation to the Council’s main housing duty. The Council has continued to try to get information about Miss X’s medical history but has not been able to contact a GP Miss X has registered with.
Miss X remains in the interim accommodation.
Analysis The Council has a duty to secure interim accommodation for a person under its homelessness duty. The Council acted within the relevant timescales in securing Miss X interim accommodation by 7 October 2020.
Abuse from live-in manager In securing Miss X interim accommodation, it sourced this accommodation from an external owner who hired a live-in manager for the residents of the accommodation.
The actions of the live-in manager are not the responsibility of the Council. The live-in manager is not acting on behalf of the Council in their position as live-in manager at the interim accommodation. Since the live-in manager is not acting on behalf of the Council, the actions of the manager are outside the jurisdiction of the Ombudsman.
However, the Ombudsman can investigate and consider the Council’s action in response to Miss X raising concerns with it.
On 22 December 2020, Miss X contacted the Council to request to change interim accommodation. Miss X did not provide any details or information to the Council about the issues she was experiencing in Property 2. When the Council contacted Miss X to enquire about why Miss X wanted to change interim accommodation Miss X did not respond to provide details.
The Council invited Miss X to contact it again on 4 January 2021 to discuss any issues she was experiencing. In response to this contact, Miss X disclosed sexual abuse from the live-in manager. The Council took immediate action to move Miss X to new interim accommodation and remove her from the situation.
The Council has responded to Miss X’s report of sexual abuse in a timely manner. As soon as Miss X reported the concerns to the Council it acted to remove Miss X from potential harm.
The Council also reported this matter to the owner of Property 2 who acted in response to the Council flagging this matter with it.
While Miss X has experienced abuse from the live-in manager this is not through the fault of the Council. The Council took appropriate action when Miss X raised this matter with it and I do not find fault with the actions of the Council.
Rent arrears Miss X complained she accrued rent arrears in the interim accommodation. Miss X said the live-in manager took payment from her for her client contributions so she should not have accrued rent arrears.
The Council outlined the cost of the interim accommodation, at £27 each week, to Miss X on 7 October 2020 when she moved into the interim accommodation. The Council completed a financial assessment of Miss X’s income and expenditure and checked her benefits when she signed up for interim accommodation to ensure she could afford the £27 a week client contribution.
The Council also provided Miss X with a credit union payment card to pay towards the interim accommodation.
Miss X did not use the credit union payment card to pay the Council for the interim accommodation during her time at Property 2. This meant Miss X accrued a debt of £347.16 for her client contributions from 7 October 2020 to 5 January 2021.
The Council sent reminders to Miss X on 20 November 2021 and 3 December 2021 seeking payment from Miss X because of the lack of payments.
While Miss X says she paid the live-in manager at Property 2, this is not the method of payment the Council set out. And, as noted in the section titled “Abuse from live-in manager”, the Council is not responsible for the actions of the live-in manager. The Council is not at fault if Miss X has paid the live-in manager rather than it for the client contributions. This also does not override any arrears owed for client contributions.
The Council provided Miss X with the relevant information about the costs, provided Miss X with a means of payment and reminded Miss X about the need for payment during her time in Property 2. The Council has taken appropriate action to tell Miss X about costs and provide her with the tools to pay. I do not find fault with the Council.
Following Miss X moving into her interim accommodation at Property 3, the Council reiterated Miss X’s personal contribution costs. The Council also sent a reminder to Miss X on 14 January 2021 about the rent arrears owed.
Miss X did not pay the Council for client contributions until April 2021 when she paid £400. Miss X has also not paid the Council since this point.
When Miss X paid £400 to the Council this settled the client contributions owed for Property 2 and left £52.84 left over towards the client contributions for Property 3. However, Miss X continued to accumulate client contributions arrears from 5 January 2021 to 17 May 2021 at £27 a week. When considering the £52.84 remaining payment from Miss X this leaves £460.16 outstanding.
Miss X has not paid for the £460.16 arrears. Miss X owes the Council this money for her client contributions because the contribution of £27 each week was agreed when Miss X signed her contract agreement for Property 3. This Council is entitled to this payment from Miss X and I do not find fault from the Council for asking Miss X to pay these arrears.
Council support in interim accommodation Miss X complained the Council failed to provide support while she was in interim accommodation. Miss X also complained the Council did not provide information to her about how it could help her with moving costs.
The Council offers support to people it has placed in interim accommodation through the Home Works floating support service. The Council offers this support to vulnerable people whether the vulnerability is through age, health, disability or disadvantage.
When the Council placed Miss X in interim accommodation on 7 October 2020 it made a referral to Home Works on 9 October 2020 to source support for her during her time in interim accommodation. The Council took appropriate action by making a referral to Home Works and I do not find fault.
Home Works tried to contact Miss X on several occasions to complete an assessment and set up support for Miss X. Miss X did not respond to Home Works’ contacts so it closed Miss X’s file in December 2020. The Council cannot force support on to Miss X and it was her choice whether she engaged with the support service provided. Since Miss X did not engage with Home Works, I do not find fault with the Council.
Following Miss X’s complaint about abuse in Property 2, the Council made a referral to Home Works again on 6 January 2021. Home Works again tried to engage with Miss X but Miss X did not respond, this prompted Home Works to close the file again in March 2021. I do not find fault with the Council for the same reasons detailed in paragraph 80.
The Council offered Home Works again to Miss X on 15 May 2021 and 7 June 2021 before Miss X agreed to a new referral on 16 June 2021. Following the referral on 16 June 2021, Miss X engaged with Home Works and it arranged for a support officer for Miss X following an assessment.
Once Miss X engaged with Home Works, it was able to set up support for her. I cannot find fault with the Council that Miss X did not engage with the support on offer before June 2021.
A person can also apply to the Council for help with moving. However, as noted by the Council in it’s Stage 2 complaint response, Miss X did not ask the Council for any help in moving. Since Miss X did not ask for help, the Council had no opportunity to consider her request or make a decision on whether to provide help. I do not find fault with the Council.
Council’s full housing duty Miss X complained the Council failed to advise that it had accepted her on to its main housing duty.
The Council decided it owed Miss X a relief, temporary accommodation, duty on 22 September 2020 because Miss X was homeless. The Council made this decision because it considered it had a duty under Section 189A/B of the Housing Act 1996.
The Guidance say the Council should take 56 days to decide if it owed Miss X the main housing duty from when it accepted it had a duty to Miss X under Section 189A/B of the Act. In the circumstances where the Council needs to make further investigations this can be extended by 15 days. In the circumstances of Miss X’s case this meant the Council should have made a decision on the main housing duty by 2 December 2020 at the latest.
The Council did not make a decision about its main housing duty for Miss X until 7 June 2021. Even when it made this decision, it did not confirm this to Miss X until 15 June 2021. This is a delay of 195 days, six months and two weeks, beyond the recommended timescales.
The Council has advised it applied its discretion not to end the Section 189B housing duty it owed to Miss X as it was continuing to investigate whether Miss X had a priority need. The Council advised it could not conclude its investigation because it did not have sufficient information to make a decision.
A council is entitled to apply its discretion not to end a Section 189B housing duty while it continues its inquiries. But, section 14.16 of the Guidance provides a recommended timescale of up to 71 days to complete inquiries to prevent unnecessary delays by a council.
The Council has pointed to it being unable to obtain medical information about Miss X as the reason for it continuing to extend the Section 189B duty and the delay in it deciding on the main housing duty. The Council says Miss X was not working with it to help facilitate retrieval of this information.
Miss X was in regular contact with the Council up to the start of January 2021, following the situation with the live-in-manager at Property 2 and her move to Property 3. The Council already had 71 days to make inquiries up to 2 December 2020, but it failed to confirm with Miss X’s previous GP that it no longer held her details until 28 January 2021. This delay is fault.
After 28 January 2021, Miss X did not engage with the Council or sign up to a new GP. This presented difficulties for the Council in completing its inquiries, minimising its fault with the further delays.
While Miss X signing up to a new GP and engaging with the Council would likely have assisted the Council, Section 13.6 of the Guidance says that a person’s circumstances may affect their ability to work with the housing authority.
Miss X was the victim of abuse which directly contributed towards her being homeless. This impacted her mental state. The abuse she experienced in Property 2 worsened her mental health further and caused her to disengage from people in authority positions including the Council and a potential new GP. The Council made its decision to award the main housing duty in June 2021 because of Miss X’s worsening mental state. The Council has considered the Guidance when making this decision and I do not find fault. But, the failure of the Council to consider the guidance sooner, despite the circumstances in Miss X’s case, is fault. This has directly contributed to the Council making a decision in June 2021 that it could have made sooner.
Since the Council accepted it had a housing duty to Miss X under Section 193 on 15 June 2021, the delay in reaching this decision caused Miss X an injustice. This injustice was a delay in Miss X being able to apply for housing or the Council being able to offer suitable housing to Miss X. While this injustice does exist, Miss X has chosen to remain in the interim accommodation since 15 June 2021 and she has only applied for two properties. Miss X has also not used the appeal rights available to her about the suitability of housing the Council is offering her. Miss X’s choice to remain in the interim accommodation over the housing on offer mitigates the injustice caused by the Council’s delay.
Complaint handling Miss X says the Council ignored her complaints and concerns she raised with the Council.
Miss X first contacted the Council to complain on 3 March 2021. In this correspondence, Miss X said she would be taking the Council to court over the actions of the live-in manager. This was not a direct complaint to the Council but, rather, Miss X advising she would take the Council to court. While the Council could have responded to this contact, it did not have a duty to do so. I do not find fault with the Council.
On 15 May 2021, Miss X contacted the Council again to complain. In this instance, Miss X outlined her complaint to the Council. The Council directed Miss X to Comments and Complaints so Miss X could register her complaint. Miss X later did so on 24 May 2021.
The Council had 10 working days to respond to Miss X’s Stage 1 complaint. This gave the Council until 8 June 2021 to provide its response. The Council did so on 7 June 2021. The Council responded to Miss X’s complaint in line with its complaints procedure, I do not find fault.
Miss X asked to progress to Stage 2 of the Council’s complaint procedure on 7 June 2021. The Council had 20 working days to response to Miss X at Stage 2. This gave the Council until 5 August 2021 to provide its response. The Council did so on 21 June 2021. The Council responded in its complaint timescales, I do not find fault.
The Council’s responses to Miss X’s complaint have been robust and detailed. While Miss X may not agree with the Council’s responses, I do not find fault.
Agreed action
Within one month of the Ombudsman’s final decision, the Council agreed to: Apologise to Miss X and pay her £300 for the delays in making a decision about the main housing duty owed to her.
Final decision
There was fault by the Council as the Council has agreed to my recommendation, I have completed my investigation.
Parts of the complaint that I did not investigate I have not investigated Miss X’s complaint about the suitability of the housing offers the Council made to her.
The Council made housing offers to Miss X on 29 July 2021 and 5 August 2021. In both letters the Council sent to Miss X it outlined her appeal rights about the suitability of the offers.
Miss X can accept, and move in, or reject the offers made by the Council and request a review of the housing offer in either event. Miss X is still eligible for housing and can bid for any housing she sees fit. The Council has not revoked its housing duty meaning Miss X still has appeal rights.
It is not the place of the Ombudsman to decide the suitability of a Council’s housing offer when it is reasonable for a person to exercise their appeal rights.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman