Summary: We will not investigate this complaint that emergency accommodation the Council provided to a homeless man was in poor condition, and that it unreasonably refused to help him any further after he had to leave the accommodation. This is because there is insufficient evidence of fault by the Council regarding these matters.

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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))

Back to top

How I considered this complaint

3. I considered Mr B’s complaint. I also took account of information the Council sent me in response to my enquiries in Mr B’s case. In addition, I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

4. Mr B applied to the Council as homeless and it placed him in emergency accommodation in a hotel while it assessed his application.
5. But after a few days the hotel asked Mr B to leave. The hotel said this was because of Mr B’s persistent, unacceptable behaviour.
6. The Council spoke to Mr B and hotel staff, who denied his allegations about the state of his room. The Council said it took account of Mr B’s health issues but concluded his behaviour was not justified. As a result the Council decided it would no longer provide emergency accommodation for him.
7. Evidently Mr B takes a different view to the Council and hotel staff about his behaviour and the state of his room. But I consider it highly unlikely we would find any direct evidence now to be able to verify about conditions and what took place at the hotel. As a result, I do not see we have sufficient grounds to justify pursuing Mr B’s complaint about these matters any further.
8. In addition, it appears the Council took appropriate steps to look into Mr B’s concerns, and it considered both his and the hotel’s views regarding what happened before reaching a decision about whether to continue providing him with emergency accommodation. In the circumstances, I am not convinced there is sign of fault in the Council’s decision-making in Mr B’s case to warrant us starting an investigation of his complaint in this respect.

Final decision

9. We will not investigate Mr B’s complaint that the Council referred him to unsuitable emergency accommodation and unreasonably decided to stop housing him after he was asked to leave. This is because there is insufficient evidence of fault by the Council to warrant our further involvement in his case.

Back to top

Investigator's decision on behalf of the Ombudsman