Summary: We will not investigate Miss X’s complaint about the Council’s handling of her housing and homeless case. This is because there is insufficient evidence of fault. In addition, it is reasonable for Miss X to ask the Council to complete a review of its decision.

The complaint

1. Miss X complains about the Council’s handling of her housing and homeless case. She says the Council has refused to accept her need for a property that is near to her mother.

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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, 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. In 2020, the Council ended its relief duty as it had helped Miss X secure privately rented accommodation. This accommodation was less than a mile away from Miss X’s property and the journey between the two properties took around 15 minutes by public transport.
6. In August 2023, Miss X submitted a new homeless application as she had received a section 21 notice from her landlord in July 2023. The Council said it did not hear further from Miss X and so closed the case.
7. In January 2024, Miss X again approached the Council as homeless and provided the Council with a copy of the section 21 notice that had been issued in July 2023. The Council contacted Miss X’s managing agent to confirm if a new section 21 notice would be issued as the previous notice had expired. They confirmed the new landlord had agreed for Miss X to remain and there were no plans to issue a new notice.
8. In September 2024, the Council wrote to Miss X with its decision that she was neither homeless nor threatened with homelessness because it was satisfied there was accommodation available for Miss X to occupy.
9. Miss X’s main complaint is regarding the Council not considering her for accommodation with housing associations. However, the Council has confirmed Miss X is registered on its housing register with a three-bedroom need. It is open to Miss X to bid for properties she considers to be suitable, including those offered by housing associations. There is no evidence to suggest Miss X cannot bid on properties offered by housing associations. Therefore, an investigation is not justified as we are not likely to find fault.
10. The Council made its decision that Miss X was not homeless or threatened with homelessness in September 2024. In making this decision, the Council must consider whether Miss X has accommodation and whether that accommodation is reasonable for her to continue to occupy.
11. Miss X considers her privately rented accommodation to be unsuitable for the needs of her family. Therefore, Miss X essentially considers it is not reasonable for her to continue to occupy her property on the grounds it is not suitable. Miss X has the right to request a review of the Council’s decision she is not homeless or threatened with homelessness. An investigation is not justified because it is reasonable to expect her to use her right of appeal. Further, if Miss X is unhappy with the Council’s review decision, it is reasonable to expect her to use her right of appeal to the county court.

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Final decision

12. We will not investigate Miss X’s complaint because there is insufficient evidence of fault. In addition, it is reasonable for Miss X to ask the Council to complete a review of its decision.

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Investigator's decision on behalf of the Ombudsman