Summary: Ms X complained about the way an operator on behalf of the Council handled her call when she was locked out of her temporary accommodation. The Council was at fault. It will pay her £100 to remedy the injustice caused and take action to prevent a recurrence of the fault.

The complaint

1. Ms X complained about the way an operator on behalf of the Council handled her call when she was locked out of her temporary accommodation, causing her distress and inconvenience.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered the information provided by Ms X and the Council, and our guidance on remedies.
6. Ms X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

What happened

7. Ms X lives in temporary accommodation provided by the Council. One evening when Ms X returned to the property her key broke in the lock and she was unable to access the property. At 9.40pm she reported this to the contractor, who maintains the accommodation on behalf of the Council. The contractor said a carpenter would call within three to four hours. It advised her to wait somewhere safe and said it would call her when the carpenter was on his way.
8. The operator did not call Ms X to let her know the carpenter was on his way. The carpenter arrived at the property at around 10:30 p.m. but Ms X was not at the property because she was waiting, with her teenage son, in her car. The carpenter put a card through the door to confirm he had called and left. The operator cancelled the call.
9. Ms X called again at 1:30 a.m. She was told the carpenter would be another 30 minutes. A different carpenter called and carried out the repair. Again, the operator failed to call Ms X to let her know the carpenter was on his way so she could have missed him.
10. Ms X complained. The Council said its contractor was aware of the need to call customers “in the event of delays or non-attendance” but “regrettably” in this case that had not happened. It said the contractor was made aware of what happened “to try and ensure this does not occur in future”. It apologised “for the distress and inconvenience caused” by the breakdown in communications.

My findings

11. When a council commissions another organisation to provide services on its behalf it remains responsible for those services and for the actions of the organisation providing them.
12. The operator failed to tell Ms X a carpenter was on his way, failed to contact her when the carpenter arrived at the property to find no-one there and then cancelled the call. The operator did send a second carpenter after Ms X called a second time, but again failed to confirm he was on his way. In its complaint response the Council accepted there was a breakdown in communications by its operator. This was fault.
13. This fault meant Ms X had to wait for an additional three hours to get back into her property. This occurred late at night. Ms X says she had to sit in the car with her teenage son. She said that whilst she was waiting she was approached by strangers, which she found intimidating, particularly as she suffers from anxiety.

Recommended action

14. The Council has already apologised to Ms X. In addition, the Council will, within one month of the date of the final decision:
• pay Ms X £100 to remedy the injustice caused by its operator’s failures; and
• ensure the contractor reminds its staff of the need to let the customer know when a contractor is on their way in circumstances like this where the customer is not able to wait at home, and not to cancel the call without making contact with the customer first. It should provide evidence to the Ombudsman to show this has happened.

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Final decision

15. I have completed my investigation. I have found fault leading to personal injustice. I have recommended action to remedy that injustice and prevent recurrence of the fault.

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Investigator's decision on behalf of the Ombudsman