Summary: We will not investigate Ms X’s complaint about the Council’s delay in helping to prevent her homelessness or its decision about how much she can afford to pay towards her rent. This is because further investigation would not lead to a different outcome.

The complaint

1. Ms X complained the Council delayed in assisting her when she was threatened with homelessness after her landlord increased her rent. She said that, as a result of the delay, the landlord decided to evict her. She also said the Council wrongly assessed she could pay an additional £130 per month towards her rent when considering steps to prevent her homelessness.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome.

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

3. 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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its complaint response, the Council accepted there was a delay in helping Miss X with her housing matter. It has apologised for its delay, which is a suitable remedy for the distress and uncertainty caused. It has taken steps to ensure such delays are avoided in future, which is appropriate. Further investigation by the Ombudsman would not lead to a different outcome.
7. Although the landlord has decided to sell the property and evict Miss X, the evidence is that this was not solely due to Council delay. In any event, it is the landlord’s decision to end the tenancy, not the Council’s.
8. Also in its complaint response, the Council explained in detail how it assessed Miss X could afford to pay £130 per month towards her rent. There is not enough evidence of fault in the way it considered this, therefore we will not investigate.

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Final decision

9. We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman