The Ombudsman's final decision
Summary: We will not investigate this complaint about temporary accommodation and the complainant’s wish for a permanent home. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Ms X, complains the Council placed her in a dilapidated property which was full of vermin. As a result she was forced to move out. She says the Council should offer her a permanent home or give her more priority.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Ms X made in reply to a draft of this decision.
My assessment
Ms X lived in temporary accommodation for about 11 years. In 2019 the Council placed her in new temporary accommodation (property A). Ms X says property A was in a poor condition and infested with vermin. She says she was forced to leave the property in August 2021 because the Council ignored her reports about the vermin. Ms X moved in with her mother but the home is overcrowded. Ms X is unhappy the Council will not reactivate her bidding number on the housing register although, ideally, she would like to be offered housing in another borough.
The Council explained the problems with the property were resolved in 2020. It said it closed her homelessness application in August 2021 when she left property A. This also ended her housing application. The Council said Ms X could make a new housing application but it would be based on her current circumstances and she could not use her previous bidding number. The Council also said Ms X could make a homelessness application if she is threatened with homelessness.
Ms X made complaints to the Council about property A. This included complaints about disrepair, the landlord visiting the property, and an allegation the Council gives accommodation to family members. The Council addressed her points and invited Ms X to report further problems.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. I have checked the repairs log and a pest control treatment was carried out in November 2020. The Council asked Ms X to report any additional problems and asked the landlord to do proofing works to prevent another infestation. The Council has confirmed Ms X did not report any further vermin problems after November 2020 but there is evidence of other repairs being completed between November 2020 and March 2021.
Ms X chose to leave property A. This was a decision she was entitled to make but it means the Council’s homelessness duty was ended and it correctly closed her housing application. Rather than leaving the property Ms X could have submitted further reports of problems. It is unclear if Ms X wants to make a new housing application but the Council has confirmed she can apply. I have no power to get Ms X housed outside the borough as she has requested.
Ms X has alleged the landlady of property A arranged for someone to plant drugs in the property. I cannot consider this allegation because Ms X has not submitted it as a complaint to the Council. We can only investigate matters that have completed the Council’s complaints process.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman