Summary: We will not investigate this complaint about the Prison and Probation services’ failure to refer Mr X to the Council for a homeless assessment in 2021. We have no jurisdiction over the Prison and Probation services who fall within the remit of the Prison and Probation Ombudsman Service. We will not investigate the Council’s homeless decision in 2023 because it was reasonable for Mr X to seek a review of the decision.

The complaint

1. Mr X says he was released from prison in 2021 and the prison and probation services failed to refer him to a local authority of his choice. These bodies have a duty to refer persons who may be vulnerable to a local authority to be assessed under the homeless legislation. He applied to the Council as homeless in late 2022 and it decided that the relief duty was ended because he had been rehoused.

Back to top

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 or may decide not to continue with an investigation if we decide:

• there is another body better placed to consider this complaint,
• It would be reasonable for the person to ask for an organisation review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X was released from prison in 2021. He says he was homeless and vulnerable and the prison and probation service should have referred him to a local authority of his choice which he says was Newham. He says there is no evidence that the services did so. He presented as homeless to the Council in November 2022 and the Council placed him under the relief homeless duty.
6. His Member of Parliament made enquires to the Council on his behalf as to why the prison and probation service had not referred Mr X to them earlier. The Council says his homeless application was not made until 2022 and neither the Ombudsman nor the local authority has any jurisdiction over the Prison and Probation services. There is a specific Ombudsman, the Prison and Probation Ombudsman service which deals with complaints about these authorities.
7. We can only consider Mr X’s later application to the Council which falls within the 12 months period for receiving complaints. The Council went beyond 56 days to assess his application but it decided that he was no longer owed a homeless duty because he was housed by another authority. It says that it was unable to obtain medical information from Mr X for a period of months and when he was assessed it considered he no longer was homeless. Mr X’s medical evidence was dated from the period after he left prison but before he submitted a homeless application.
8. We cannot investigate the complaint about the failure of the prison and probation services to nominate Mr X to the local housing authority because there is an Ombudsman which is responsible for investigating those bodies. We will not investigate the Council’s consideration of his homeless application because he had a right of review against the decision to end its duty towards him and a further right of appeal to the County Court under s.204 of the Housing Act 1996.

Back to top

Final decision

9. We will not investigate this complaint about the Prison and Probation services’ failure to refer Mr X to the Council for a homeless assessment in 2021. We have no jurisdiction over the Prison and Probation services who fall within the remit of the Prison and Probation Ombudsman Service. We will not investigate the Council’s homeless decision in 2023 because it was reasonable for Mr X to seek a review of the decision.

Back to top

Investigator's decision on behalf of the Ombudsman