Summary: We will not investigate Mr X’s complaint that the Council provided incorrect information to his tenant. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

1. Mr X complains about the information provided by the Council to a tenant. In that the information led to the tenant staying at the property beyond the period given in the eviction notice.

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The Ombudsman’s role and powers

2. 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, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Council provided incorrect information to his tenant which was against guidance set by the Government. The Council has admitted that its communication in the matter could have been better. It has offered to make payments which total just over £1,000 in recognition of this.
6. While I understand that Mr X believes the Council should be solely responsible for his costs, ultimately the decision to remain at the property lay with the tenant. Of note, correspondence suggests the tenant was going to ignore the advice from the Council, before they later changed their mind and remained at the property.
7. I could not say, even on balance, that the Council was directly responsible for the costs associated with the tenant’s decision to remain at the property.
8. The Council has committed to using this case to improve its communication going forward, forming a new team within its housing department to help this. It has also apologised to Mr X and offered an award in consideration of some of the costs incurred.
9. I consider this to be an appropriate remedy in the circumstances. It follows that any investigation is unlikely to add to the Council’s or lead to a different outcome.

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Final decision

10. We will not investigate Mr X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman