Summary: The Council was not at fault for how it dealt with Ms X’s child Y in relation to both housing and children's social care. The Council was at fault for failing to respond to Ms X’s letters. The Council has agreed to apologise and act to improve its service.

The complaint

1. Ms X complained that the Council failed to:
1. establish that her child already had a home with her before agreeing to provide housing to her ex-partner and the child
2. respond to her request for a managed move
3. investigate her concerns about her child’s wellbeing living with her ex-partner
4. respond to her letters and emails
2. Ms X says but for the fault, the Council would not have provided housing to her ex-partner and her child would still be living with her. She says she has experienced avoidable distress and uncertainty.

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The Ombudsman’s role and powers

3. 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’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 complaint and the information Ms X provided.
6. I made written enquiries of the Council and considered its response along with relevant law and guidance.
7. I referred to the Ombudsman's Guidance on Remedies, a copy of which can be found on our website.
8. Ms X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What happened

9. Due to the third-party information provided by the Council which I cannot share with Ms X, I have not included any details beyond those necessary to understand my decision.
10. Ms X’s child, Y, is in their mid-teens. In early summer 2023, Y went to live with Mr Z. Mr Z is Y’s father and Ms X’s ex-partner.
11. Following a referral, a social worker carried out an assessment to make sure Y was safe and well. This assessment involved visiting Ms X and Mr Z in their homes and talking to Y at home and at school. This assessment concluded that Y found the tension and disagreement between Ms X and Mr Z stressful. Y was happy living with Mr Z but wanted to see Ms X and their siblings.
12. Ms X wrote to the Council in September. She asked why the Council had provided temporary accommodation for Mr Z and Y without her knowing. She said Y had a home with her. She said she believed Mr Z was using Y to get housing and claim benefits. She also asked the Council to consider her for a managed move because of domestic abuse from Mr Z.
13. The Council did not respond to this letter.
14. Ms X wrote again in October. She again asked for a managed move and asked about the circumstances in which the Council came to provide accommodation for Y.
15. The Council did not respond to this letter.

My findings

16. I set out my findings on the complaint in the order they appear in paragraph one.

Housing Y with Mr Z

17. Although I cannot share any of the details with Ms X, or include them in this decision, I have seen the relevant records. I am satisfied the Council was not at fault.

Managed move

18. The Council was at fault for failing to respond to Ms X’s requests for a managed move. However, this fault did not cause Ms X any injustice beyond that addressed later in this decision. This is because she has a very high priority for a move on the Council’s housing register already and has not been actively bidding. It is unlikely a managed move would result in Ms X moving home any sooner.

Z’s wellbeing

19. I am satisfied that the Council took appropriate steps to establish Z was safe and well. There was no fault by the Council.

Communication

20. The Council’s failure to respond to Ms X’s letters was fault. Although the Council could not share confidential information about Mr Z, it should have responded to tell Ms X this was the case. It should have addressed the other issues in her letters, including her request for a managed move.
21. Failure to do so caused Ms X avoidable distress and uncertainty. This is an injustice to Ms X.

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Agreed action

22. To remedy the injustice to Ms X from the fault I have identified, the Council has agreed to apologise to Ms X in line with our guidance on Making an effective apology.
23. The Council should provide evidence to the Ombudsman that it has done so within four weeks of my final decision.
24. The Council should also take the following action to improve its services:
• Remind relevant staff that the Council should usually respond to letters and emails, even if only to explain why a detailed response cannot be provided.
25. The Council should tell the Ombudsman about the action it has taken within eight weeks of my final decision.

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Final decision

26. I have completed my investigation. There was some fault by the Council. The action I have recommended is a suitable remedy for the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman