Summary: Ms X complained about the Council placing her in rented accommodation outside the Council’s area in 2018. She says she cannot bid for housing because it renewed her private rented tenancy for another year. The Ombudsman cannot investigate this complaint. This is because she could have appealed the Council’s homeless decision in 2018 and because there is no evidence of fault in its assessment of her current housing situation.

The complaint

1. The complainant, whom I shall call Ms X, complains about the Council’s discharge of its homeless duty by placing her outside the borough in 2018. She says it will not allow her to bid for properties inside the borough because it says she is adequately housed at present.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it was reasonable for the person to ask for a council review or appeal.

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

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How I considered this complaint

3. I have considered all the information which Ms X submitted with her complaint. I have also considered the Council’s response and Ms X has been given the opportunity to comment on the draft decision.

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What I found

4. Ms X presented as homeless to the Council in 2018. The Council offered her a private rented property with a 12 month tenancy in a town outside the borough area. Ms X accepted the tenancy but says she understood this would only be for 12 months.
5. Towards the end of the tenancy the landlord served her with notice to quit because she had rent arrears. The Council assisted her by clearing the arrears with a discretionary payment. Although she was in another council area the Council prevented her becoming homeless after her benefit was switched to universal credit. The tenancy was renewed for a further 12 months after this.
6. Ms X applied to the Council’s housing register. It told her she was not eligible because she is currently adequately housed in another area. Ms X wants to return to the Council’s area because she says her support network is there and she has learning difficulties which were undiagnosed when she applied as homeless. The Council says her accommodation is suitable and she cannot appeal the decision to discharge its duty now. If she became homeless in future she would have to approach the council where she lives now because it would be a new application.
7. The Ombudsman cannot investigate complaints where there was a right of review and appeal available. The Council gave Ms X clear information about her rights in August 2018. The Council has applied its housing allocations policy correctly when it informed her that she is currently ineligible for rehousing. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because she could have appealed the Council’s homeless decision in 2018 and because there is no evidence of fault in its assessment of her current housing situation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman