Summary: We will not investigate this complaint about the Council’s decision to use a property next door to Mr X as accommodation for homeless people. There is not enough evidence of fault.

The complaint

1. Mr X complained that the Council are using the house next door to a property he owns, to accommodate homeless people. He said this is inappropriate and will likely devalue his property. He also said the tenants have caused a nuisance and he wants the Council to use the property for long term tenants only.

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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 there is not enough evidence of fault to justify investigating. (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 is a landlord and he complained to the Council after his tenant raised concerns about anti-social behaviour (ASB), caused by the occupants of a Council owned property next door. Mr X also complained the Council should not use the house as a temporary facility.
6. The Council replied, saying a housing officer had responded to Mr X’s complaints after they had discussed the ASB concerns with him. The Council highlighted it would respond to any new reports of ASB. It also gave Mr X an explanation about why it was using the house to accommodate homeless people.
7. Given the Council’s statutory responsibilities to secure accommodation for homeless people, and its explanations about its actions in response to reports of ASB, there is not enough evidence of fault in the Council’s actions to justify investigating further.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman