Summary: We will not investigate Ms X’s complaint about the Council failing to consider its homeless duties towards her. This is because there is insufficient evidence of fault.

The complaint

1. Ms X complains the Council failed to consider its homeless duties towards her. She says while the Council has awarded her housing application Band 1, she remains in a property that is unsuitable for her needs.

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The Ombudsman’s role and powers

2. We investigate 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. The Council said Ms X approached the Council as homeless in March 2023. It accepted the relief duty in April 2023 as the Council found Ms X to be homeless as her accommodation was not fit for habitation. The Council appropriately issued its decision letter detailing the duty accepted.
6. In July 2023, the Council accepted the main housing duty and appropriately issued its decision letter.
7. An investigation is not justified as there is insufficient evidence of fault. This is because the Council has considered its homeless duties towards Ms X under Part 7, Housing Act 1996. The Council had accepted the relief duty and then the main housing duty.

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Final decision

8. We will not investigate Ms X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman