The Ombudsman's final decision
Summary: We will not investigate this complaint about the shared accommodation the Council arranged for Miss X when she became homeless. There is not enough evidence of fault to justify our investigating.
The complaint
Miss X complained about shared accommodation provided by the Council after she became homeless. She said another resident physically and mentally abused her. She said the Council’s failure to move her from the accommodation placed her at risk and affected her mental health. She said the Council failed to consider its duties under the Equality Act.
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them.
The Council’s complaint response indicates it offered Miss X the shared accommodation at it provided 24-hour support. It confirmed that after Miss X reported concerns with another resident, staff at the accommodation met with Miss X and agreed a system to support her in the placement.
It said Miss X reported further issues. Following that, the Council spoke to other agencies involved with Miss X, including health, to look at how to support her in the accommodation. It said Miss X was offered two alternative supported living placements; one through health, the other through housing. It said Miss X declined these offers. It said it was satisfied it was not in beach of the Equality Act when supporting Miss X.
Although Miss X is unhappy with the Council’s response, we will not investigate this further. The Council’s complaint response indicates it took appropriate action to support Miss X when she reported her concerns, including speaking to other agencies supporting her and offering alternative interim accommodation. There is not enough evidence of fault to justify our involvement. There is also nothing to suggest the Council has not properly considered Miss X’s rights in its treatment of her. If Miss X believes the Council has breached the Equality Act, that would be a matter for the courts.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman