The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to allow Mrs X to return to temporary accommodation. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Mrs X complained the Council would not allow her to return to temporary accommodation after she left.
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 Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
After Mrs X became homeless the Council placed her in temporary sheltered accommodation. The placement was intended to last for one day however Mrs X went on to stay for six months. During this time, Mrs X received 4 care visits per day to assist her with her mobility.
The Council offered Mrs X other temporary accommodation, but Mrs X felt they were not suitable and opted to stay where she was. However, Mrs X had to leave the placement because a family member left a pet with her, and this was against the accommodation’s rules. The Council would not allow Mrs X to return because it reallocated her room and this meant she was forced to stay with a relative. Mrs X complained about this as her mobility needs were not being met.
The Council apologised but explained that the placement was not intended to be indefinite and was funded by another body, meaning it could not hold the room once she left.
Mrs X is now in permanent accommodation but remains unhappy with the situation and wants us to find the Council at fault. The evidence shows the Council allowed Mrs X to reside in temporary accommodation for several months and attempted to source several suitable properties for her. The Council arranged appropriate care considering her mobility needs and has explained why it was unable to retain the placement for her when she left. These were reasonable actions for the Council to take; an investigation would be unlikely to find fault with its actions.
Final decision
We will not investigate Mrs X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman