Summary: We will not investigate this complaint about the Council’s failure to provide Ms X with housing. There is not enough evidence of fault to warrant an investigation. Also, part of the complaint is late and there are no good reasons to exercise our discretion and investigate.

The complaint

1. Ms X says the Council has refused to offer her accommodation on the basis she has rent arrears for previous temporary accommodation. However, she says her rent is up to date and the Council unlawfully evicted her from the hostel in July 2019.
2. Ms X also says the Council has failed to provide her daughter and granddaughter with accommodation.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, section 26B, as amended)
5. 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 or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating, (Local Government Act 1974, section 24A (6))

Back to top

How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The Council says Ms X made herself intentionally homeless by failing to keep up with her rent. It also says Ms X failed to pay her accommodation charges whilst she was in Council temporary accommodation.
9. As a result, the debt will continue being a barrier to an offer of accommodation if Ms X does not settle this.
10. Ms X’s charges account confirms that whilst Ms X made some payments, she still owes more than £5,000 in accommodation charges.
11. The Council is entitled to recover any unpaid charges before it offers Ms X new accommodation.
12. Furthermore, it is open to Ms X’s daughter to contact the Council to arrange her own accommodation rather than being part of Ms X’s application as she is an adult.
13. Therefore, there is not enough evidence of fault to warrant an investigation.
14. Ms X was also evicted from the hostel in 2019. This was more than a year ago.
15. Therefore, the complaint about this is late and there are no good reasons to exercise our discretion and investigate.

Back to top

Final decision

16. We will not investigate Ms X’s complaint because there is not enough evidence of fault to warrant an investigation. Also, part of the complaint is late and there are no good reasons to exercise our discretion and investigate.

Back to top

Investigator's decision on behalf of the Ombudsman