Summary: We will not investigate this complaint about the way the Council has handled the complainant’s housing application. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, says there have been multiple failures by the Council regarding her housing. She says the Council is bullying her in relation to her cat and says she will not be forced into private rented accommodation. Ms X wants the Council to provide suitable social housing.

Back to top

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 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))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.

Back to top

My assessment

4. When a council accepts someone as homeless it has a duty to provide accommodation. This can be in the private or social sectors. It can provide temporary accommodation until it provides a permanent home. People often live in temporary accommodation for a long time.
5. The Council accepted Ms X as homeless and provided temporary accommodation. Ms X moved to her current temporary accommodation in 2020.
6. In 2023 Ms X reported a leak. The landlord tried to repair it but Ms X would not allow access. Ms X says this is because she would be without basic facilities while the work was being done.
7. The landlord started possession proceedings and the court granted a possession order in early 2024. Ms X is still in the property and the Council has tried to find new temporary accommodation. Ms X has been reluctant to fill in the forms about this because she wants the Council to provide permanent social housing rather than temporary accommodation. The Council explained it can only offer a permanent home if Ms X makes a successful bid from the housing register.
8. The Council found new temporary accommodation for Ms X but the landlord withdrew the offer because Ms X has a cat. The Council is continuing to look for alternative accommodation.
9. Ms X has recently reported a leaking window but, despite contact from the landlord, she has not made an appointment for the repair. The Council says it is working with Ms X and the landlord regarding the repair.
10. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I appreciate Ms X may feel frustrated that she does not have a permanent home and must move to different temporary accommodation. I also acknowledge she thinks the Council has treated her badly. However, I have not seen anything to suggest we need to start an investigation.
11. The law allows councils to provide temporary accommodation and there is no requirement that an offer for a permanent home must be in social housing. The Council cannot stop the eviction because it has been ordered by the court and it correctly explained that Ms X will need to make a successful bid to secure a permanent home.
12. I appreciate the cat is important to Ms X and, while having a pet may cause a delay in finding a new home, this is not due to fault by the Council and I have not seen anything to suggest the Council has bullied Ms X.

Back to top

Final decision

13. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman