Summary: We will not investigate this complaint that the Council might offer private sector accommodation to the complainant. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council is trying to move her to private rented accommodation even though it told her it would provide permanent accommodation.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.

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My assessment

4. When a council accepts someone as homeless it has a duty to provide suitable accommodation. The law says councils can do this by providing suitable private rented accommodation with a tenancy lasting at least 12 months. If a council offers accommodation which the person thinks is unsuitable they can use their review and appeal rights.
5. Mrs X has been on the housing register since about 2007. She lived in private rented accommodation until 2016 when she was evicted. The Council accepted Mrs X as homeless in 2016 and provided temporary accommodation where Mrs X still lives. Mrs X is registered for a four bedroom property.
6. The Council sent a letter to Mrs X in 2018 which explained the steps the Council would take to meet its duties to her under homelessness legislation. The letter referred to providing permanent accommodation although it also referred to the Localism Act which gave councils the power to discharge its duty by providing private rented accommodation.
7. The Council offered a home in the private sector last year. It withdrew the offer as it accepted representations from Mrs X saying it was too far from the children’s schools.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because the law allows councils to discharge its homelessness duty by providing private sector accommodation. The letter from 2018 referred to permanent accommodation but qualified this by reference to the change in the law which allowed the use of the private sector. The letter could have been clearer but it does not over-ride the law which allows the Council to discharge its duty to Mrs X by offering a privately rented home.
9. In response to a draft of this decision Mrs X explained why she wants the Council to offer council housing in certain areas. She also questioned why the Council had not offered a home given that she has been on the register for so long.
10. The Council will offer a property to Mrs X when one becomes available. We cannot influence what type of home the Council offers or the location. Mrs X can use her review and appeal rights if the Council offers a home which she thinks is unsuitable. It is unfortunate Mrs X has been waiting so long but this is not an indication of fault. There is a shortage of housing, especially for four bedroom homes. It is not unusual for people to live in temporary accommodation for many years until the Council can discharge its homelessness duty.

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Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman