Summary: There was fault by the Council. The council did not issue a written decision after it decided Mr X was not homeless or not in priority need. Issuing the decision remedies the injustice.

The complaint

1. The complainant, who I shall call Mr X, complains he was referred to supported housing in 2021 without taking into account that this would impact access to his children, his ability to work and his ability to remain in Lambeth.
2. Mr X also complains the Council has not issued a decision on the 2023 homeless application and about the condition of his current accommodation.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

5. I have not investigated the conditions of Mr X’s current housing association property and his experience while there as it is outside the Ombudsman’s jurisdiction. Mr X needs to complain to the Housing Ombudsman. I have investigated Mr X’s homeless application to the Council.

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How I considered this complaint

6. I read the papers submitted by Mr X and discussed the complaint with him.
7. I considered the Council’s comments about the complaint and any supporting documents it provided.
8. Mr X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Key facts

9. Mr X visited the Council as he was homeless on 5 November 2021. The Council referred him to a housing association which provided supported housing. The Council notes record that Mr X would not have been in priority need.
10. Mr X moved into the supported housing.
11. In January 2022 Mr X told the Council the accommodation was not suitable. The Council said the housing association said there was an issue with another tenant who had moved out.
12. The Council’s records then say in February 2023 that a decision on Mr X’s homeless application would be issued. No written decision was issued.

My analysis

13. Mr X complains he was referred to supported housing in 2021 without taking into account that this would impact access to his children, his ability to work and his ability to remain in the area.
14. I do not consider it will be possible to find out now, the circumstances surrounding the referral to supported housing and whether or not the implications of moving from the area were properly explained. There are simply no records to further investigate this point. The Council has said that Mr X does not have a local connection by residence but may still have a connection by family ties. I cannot see this connection (by family ties) listed in the Council’s allocations policy so will ask the Council to send details of this to Mr X.
15. Mr X has also complained that the Council has not issued a written decision on his 2023 homeless application. The Council has said it accepts that a written decision was not sent to him. Mr X is in accommodation which is available to him for over 6 months and is not in priority need. The Council has explained that the supported housing has move-on housing opportunities or the Council has a scheme to assist with private rental deposits.
16. I do consider that the Council should issue a written decision on Mr X’s homeless application to remedy the injustice of the loss of his ability to ask for a review of the decision. This may mean the Council taking a new application to make sure the information is up to date.

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Agreed action

17. Within two months of the date of the decision on this complaint the Council should:
• Issue a written decision on Mr X’s homeless application.
• Inform Mr X in writing if he has a local connection due to family ties.
18. The Council should provide us with evidence it has complied with the above actions.

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Final decision

19. I have completed my investigation of this complaint. This complaint is upheld as there was fault by the Council. The actions identified above remedy the injustice to Mr X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman