Summary: We will not investigate this complaint about housing allocations and homelessness. This is because there is not enough evidence of fault to justify investigating and where there may be fault, we are satisfied with the actions the Council has taken to remedy any injustice caused.

The complaint

1. Summary: Mr Y complained the Council provided him with substandard emergency accommodation, which he was pressurised into accepting and then failed to properly communicate with him about his concerns despite repeated contact.
2. Mr Y says this has caused him upset and inconvenience.

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The Ombudsman’s role and powers

3. 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, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
5. 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)

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How I considered this complaint

6. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. Mr Y has complained that the emergency accommodation he was provided with by the Council was substandard. The Council’s response shows that it did not receive any indication from Mr Y that the property was not safe, or he was unhappy at the time with the property. He has since moved into different accommodation. As Mr Y did not raise the issues he experienced at the time, it is unlikely we would find fault as the Council was unaware of the issue. We will not investigate.
8. Also, the law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
9. Mr Y would have been aware of the issues with the emergency accommodation at the time, in February 2023. As he did not approach us to complain until June 2024, his complaint is late. As he has been able to contact the Council about various issues during this time, and has not been prevented from coming to us, the complaint is without good reasons to exercise discretion to investigate this complaint now. We will not investigate.
10. Mr Y has also complained about being pressurised into accepting his existing accommodation. The Council has explained that this led to Mr Y being asked to decide whether or not the accept his existing accommodation quickly. It has apologised to Mr Y for any pressure he felt to accept the accommodation.
11. We recognise that the demand for social housing far outstrips the supply of properties in many areas. This does mean that offers of accommodation often need a prompt and quick response from those seeking housing. While Mr Y may have found this uncomfortable, we would be unlikely to find fault in this. Consequently, we will not investigate.
12. Mr Y has also complained about the lack of communication and poor communication he received from the Council. The Council has recognised as part of its complaint handling that the communication was poor. It has apologised for this, agreed to work to improve communication. It has also offered Mr Y £50 to recognise the time and trouble he had in making his complaint to the Council.
13. The Council’s offer is proportionate and appropriate and seeks to recognise the upset Mr Y has experienced. We are satisfied with this as a sufficient response in the circumstances and investigation of the complaint is unlikely to lead to any further worthwhile outcome.

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Final decision

14. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating and where there may be fault, we are satisfied with the actions the Council has taken to remedy any injustice caused.

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Investigator's decision on behalf of the Ombudsman