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

The complaint

1. The complainant, whom I refer to as Ms X, says the Council has ignored her medical evidence and, although it has apologised for an error, that does not help her. Ms X wants the Council to place her in band B on the housing register and pay compensation.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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, 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))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

4. Ms X made a homelessness application and the Council placed her in temporary accommodation (TA). The Council decided she was not in priority need but it allowed her to stay in the TA due to the pandemic. The Council put Ms X in band C on the housing register because she was homeless but not in priority need.
5. In April 2021 Ms X reported harassment which led to the Council moving her to different TA. Ms X reported problems in the new TA and the Council offered to move her again but Ms X declined.
6. The Council made an error because it wrongly told her it had placed her in band B and a Housing Association offered a bungalow. The Council withdrew the offer because it realised Ms X should remain in band C. The Council explained that the Housing Association would not have finalised the offer because Ms X has rent arrears.
7. Ms X submitted new medical evidence which led to the Council taking a new homelessness application. The Council has recently received a report from Ms X’s GP and hopes to make a new decision soon. Ms X remains in band C but, depending on the outcome of the new homelessness application, the Council might change the banding.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council assessed Ms X’s initial application but, at that stage, had no evidence that Ms X was in priority need. Despite that, it continued to provide TA and took a new application once it was aware Ms X might be in priority need due to her health. It also moved Ms X when she reported harassment and offered another move when she expressed further concerns.
9. The Council made an error when it wrongly placed Ms X in band B and indicated she might be able to move to a bungalow. I appreciate this raised Ms X’s hopes that she might be housed but I will not start an investigation because there is insufficient evidence of injustice. This is because, even if Ms X qualified for band B, she could not have been offered the bungalow due to the rent arrears.

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Final decision

10. I will not start an investigation because there is insufficient evidence of fault and injustice.

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Investigator's decision on behalf of the Ombudsman