London Borough of Bromley (21 008 789)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 15 Sep 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to end its homelessness duty in a woman’s case because she turned down an offer of accommodation. This is because the Council has now withdrawn its decision.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service, but must use public money carefully. We do not start an investigation if, for example, we decide we could not add to any previous investigation by the council, or if we are satisfied with the actions a council has taken. (Local Government Act 1974, sections 24A(6) & 24A(7), as amended)
How I considered this complaint
- I considered the information Mrs X provided with her complaint and her comments in response to a draft of this decision.
My assessment
- Under the Housing Act 1996, councils have a legal duty to secure accommodation for homeless people who are eligible, have a priority need, and are not intentionally homeless. Councils can bring that duty to an end with an offer of suitable accommodation, or if someone refuses an offer of suitable accommodation.
- Mrs X complained because the Council had ended its homelessness duty in her case claiming she had turned down an offer of suitable accommodation. But soon after making her complaint Mrs X told us that the Council had withdrawn its decision following representations from her MP. Mrs X said the Council now accepted that she did not refuse the accommodation offer and that the property manager had given it incorrect information in this respect.
- In the circumstances, I consider that we have no reason to investigate Mrs X’s complaint as the Council has already satisfactorily addressed the main issue in her case, and we could not achieve a better outcome.
Final decision
- We do not have grounds to investigate Mrs X’s complaint about the Council’s decision to end its homelessness duty in her case on the basis she refused an offer of suitable accommodation. This is because the Council has now effectively addressed Mrs X’s complaint by withdrawing its decision.
Investigator's decision on behalf of the Ombudsman