Summary: We will not investigate this complaint about the Council’s handling of a property offer to Mrs X and its decision to end its homelessness duty to her. Following a review, the Council has reversed its decision and accepted it still owes her a housing duty. We cannot add to the Council’s investigation. Further investigation would not lead to a different outcome.

The complaint

1. Mrs X complains about the Council’s handling of a property offer and its decision to end its homelessness duty to her. Mrs X says this has caused her unnecessary distress. She wants the Council to explain its actions, apologise and reinstate her housing band.

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

(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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council accepted a homelessness duty to Mrs X in November 2023. Shortly after, it made her a direct property offer to end the duty. Mrs X refused the offer as she considered the property was unsuitable.
6. Mrs X says the Council then verbally withdrew the offer before changing its mind and deciding it was suitable. Mrs X continued to refuse the property offer.
7. The Council wrote to Mrs X in December 2023 ending its homelessness duty as it said she had refused a suitable property offer. Mrs X complained and asked for a review of the decision.
8. In February 2024 the Council responded to Mrs X’s complaint and completed its review of its decision. It accepted it had made mistakes in it handling of the offer. It apologised, quashed the original decision, reinstated its homelessness duty to Mrs X and passed the decision back to Mrs X’s homelessness advisor to make again. It also reactivated Mrs X’s ability to bid on properties.
9. We will not investigate this complaint. The Council has reversed its decision to end its homelessness duty. It has apologised to Mrs X, reinstated its duty and her ability to bid on properties. Mrs X will have a right of review against any further property offers and homelessness decisions the Council makes. We cannot add to the Council’s investigation and an investigation by us would not lead to a different outcome.
10. Mrs X wants to know why the Council withdrew the offer before reinstating it. The Council has accepted there was a mistake in how the decision was made and apologised. Further investigation would not lead to a different outcome.

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Final decision

11. We will not investigate Mrs X’s complaint because we cannot add to the Council’s investigation. Any investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman