Summary: We will not investigate this complaint about the Council delaying a homelessness review decision. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council delaying the outcome of a review on its decision on his homeless application. He says the review took longer than the 8 weeks specified in government guidance. He says he is living in unsuitable rented accommodation and needs to be rehoused for health reasons.

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X applied as homeless to the Council in 2023 because he says the flat which he rents privately is too hot for his health conditions and it is unreasonable for him to remain there. In November 2023 the Council issued a decision that he was non-priority homeless and later ended its relief duty to him. Mr X’s solicitor submitted a review request and provided further supporting information in February 2024.
6. The Council did not issue a review decision until July 2024 which is outside the 8 weeks specified in government guidance. However, it says this was done with agreed extensions with Mr X’s solicitor and he did not raise any complaints about delay during this period. The review outcome was to quash the original non-priority decision and reconsider the case for a new homelessness decision. Mr X complained to us a week after the decision was issued.
7. To date the new decision has not been issued although the Council says this will be done shortly. Given the amount of time which has already passed it would be reasonable to expect the Council to do this within two weeks of my decision. Any new decision will carry further review and appeal rights to the County Court.

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Final decision

8. We will not investigate this complaint about the Council delaying a homelessness review decision. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman