The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about inadequate living conditions in Council temporary accommodation. Part of the complaint is late and further investigation of the recent events would not lead to a different outcome.
The complaint
Ms X complains about inadequate living conditions in Council temporary accommodation. She says the inadequate conditions mean she has had to move four times in the last four years, causing uncertainty and distress. She wants the Council to provide her with suitable accommodation and offer a suitable financial remedy for the distress caused.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code and our Guidance on Remedies.
My assessment
Any complaint about the Council’s actions before 2023 is late and so we will not investigate this. If Ms X was dissatisfied with Council’s actions before 2023, it is reasonable to expect her to have approached us sooner.
In its complaint response to Ms X, the Council accepted it had failed to secure adequate accommodation for her and her family. It offered her £1000 for the uncertainty and distress caused and an additional £50 for its late complaint response. Ms X accepted this offer but says it is insufficient to reflect what her and her family have been through.
We will not investigate this complaint. The Council has accepted she needs to move and she is awaiting a move to suitable accommodation. The Council’s remedy offer is in line with our Guidance on Remedies and we could not achieve more than this. Further investigation would not lead to a different outcome.
Final decision
We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman