Summary: We will not investigate Mr X’s complaint about the Council’s decision he is not in priority need because he has a statutory right of review, which he is exercising.

The complaint

1. Mr X complained about the Council’s decision he is not in priority need. He said the Council did not give him clear information about what evidence he had to provide to support his homelessness application and the Council wrongly said his partner was no longer part of his household.

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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:

• it would be reasonable for the person to ask for a council review or appeal; or

(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X said the Council was not clear about what evidence it wanted him to provide to support his homelessness application. In addition, the Council wrongly said his partner had left the household. As a result, it decided he was not in priority need and therefore it did not owe him a main housing duty, nor did it have to continue to provide interim accommodation for him.
6. Mr X has a right of review against the Council’s decision he was not in priority need. He has asked for a review and now has the opportunity to provide additional evidence for the Council to consider, including evidence to show his partner is still living with him. This is the appropriate way to challenge the decision. For that reason, we will not investigate further.
7. Mr X can ask the Council to continue to provide interim accommodation whilst it considers his request for a review. The Council has a power, but not a duty, to do so.

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Final decision

8. We will not investigate Mr X’s complaint because he has a statutory right of review against the Council’s decision, which he is exercising.

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Investigator's decision on behalf of the Ombudsman