The Ombudsman's final decision
Summary: We will not investigate this complaint about the unsuitability of Miss X’s accommodation. This is because we could not add to the investigation carried out by the Council. Miss X now has the right to appeal to the County Court regarding the suitability of her accommodation.
The complaint
Miss X complains that the Council delayed its consideration of her review regarding the suitability of her accommodation. She says the unsuitable housing is disrupting her children's stability and development and that the Council has also failed to provide reasonable adjustments.
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 we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council apologised to Miss X for how it handled her review and paid her £100 for the distress this caused. It also apologised for an error in the letter discharging the Main Housing Duty.
At Miss X’s request, the Council carried out a housing review and found the accommodation suitable.
Miss X stated that the Council failed to make reasonable adjustments during her housing review, contacting her by phone instead of in writing. The Council has since updated its communication methods to accommodate Miss X’s needs.
I will not investigate Miss X’s complaint because we could not add to the investigation Miss X now has the right to appeal to the County Court about the suitability of her accommodation.
Final decision
We will not investigate Miss X’s complaint because we could not add to the investigation carried out by the Council. Miss X now has the right to appeal to the County Court about her housing review decision.
Investigator's decision on behalf of the Ombudsman