Summary: We will not investigate this complaint about the Council’s assessment of a homelessness application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s failure to consider that his private rented accommodation is unsuitable for him to occupy with his family and to rehouse him.

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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

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

(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. Mr X applied to the Council as homeless because he says his current accommodation is too small for himself and his family. He says the property is unsuitable to live in due to mould growth exacerbated by the cramped conditions.
6. The Council accepted a prevention duty to him under the homelessness legislation but in January 2024 wrote to him saying after investigation it was ending the duty because it was reasonable for him to remain there. Mr X complained to us and shortly afterwards asked the Council to carry out a review under s.202 of the Housing Act 1996 to challenge its decision.
7. The Council completed its complaints procedure and Mr X was dissatisfied that it had not upheld his complaint. The Council referred him to us again but at this point the review was ongoing.
8. Since Mr X complained to us the Council completed the review and it overturned the original decision to end the homelessness prevention duty.
9. We will not investigate a complaint where it was reasonable for someone to ask for a review of a homelessness decision. In this case the Council carried out the review according to the guidance and the original decision was overturned. What happens after the duty was re-instated is outside the parameters of Mr X’s complaint to us.

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Final decision

10. We will not investigate this complaint about the Council’s assessment of a homelessness application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman