Summary: We will not investigate this complaint about the Council’s response after the complainant reported he is facing eviction. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, says the Council should reassess his priority on the housing register because he is facing eviction. He says the Council has not properly considered his circumstances. He wants support from the Council so he does not become homeless.

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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 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. This includes the complaint correspondence and an update about Mr X’s housing register points. I also considered our Assessment Code.

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My assessment

4. Mr X is on the housing register and had 28 points. The points recognised his overcrowding, welfare needs and waiting time.
5. Mr X contacted the Council in October to report that his landlord had served a section 21 notice asking him to leave. In response the Council accepted a prevention duty, gave advice about alternative housing options and advice about the legal process his landlord must follow. The Council explained Mr X does not have to leave immediately and said it will reassess the situation if he is taken to court. The Council awarded an extra 500 points in recognition of his possible homelessness. The Council told me the notice expired in December and the landlord has not taken any further action – this means Mr X does not face an imminent risk of being homeless.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. This is because it responded appropriately, as outlined in paragraph five, and there is nothing more we would expect it to do. It awarded points to reflect the difficulties caused by Mr X’s current home and additional points in recognition that he may have to leave. I appreciate this is a worrying time for Mr X but there is no suggestion of fault by the Council and no reason to start an investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman