Summary: We will not investigate this complaint that the Council has not provided the complainant with permanent social housing. This is because there is insufficient evidence of fault by the Council and we could not achieve the outcome the complainant would like.

The complaint

1. The complainant, Mr X, complains the Council will not give him permanent accommodation but keeps asking him to rent from a private landlord. Mr X wants the Council to provide permanent accommodation.

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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
• we cannot achieve the outcome someone wants.

(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. This includes the complaint correspondence and an update from the Council about Mr X’s current circumstances. I also considered our Assessment Code.

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My assessment

4. Mr X was living in social housing. Mr X was on the housing register in band A. The Council was about to offer a home when it found out his landlord had asked him to leave due to a breach of his tenancy.
5. Mr X remained on the housing register but with a suspension and reduced priority. The Council encouraged him to look for a home in the private sector and said it might be able to provide financial support (for example, help with a deposit) The Council said it would be difficult for Mr X to secure another social tenancy because of the breach of tenancy.
6. The landlord evicted Mr X for a breach of his tenancy. Mr X made a homelessness application and the Council provided emergency accommodation. Mr X is still living in that accommodation.
7. The Council is considering the homelessness application and has issued a ‘minded to make’ negative decision letter. The Council is waiting for some more information before it makes a final decision. If the Council decides to reject the homelessness application, Mr X will have to leave the emergency accommodation and the Council will have no duty to provide any further accommodation. If the Council rejects the application there will be review rights Mr X can use to challenge the decision.
8. If the Council accepts the homelessness application it will have a duty to provide Mr X with a home but the law allows councils to offer accommodation in the private sector.
9. We will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X was living in social housing and he might have secured alternative social housing, through the housing register, if he had not been evicted. The Council correctly tried to manage his expectations about the possibility of securing a new social tenancy and encouraged him to consider the private sector, with help to do so, as an alternative. There is nothing to suggest fault by the Council and no reason to start an investigation.
10. I also will not start an investigation because we cannot achieve the outcome Mr X wants. We have no power to ask the Council to give Mr X permanent accommodation and we cannot intervene in the homelessness process. If the Council asks Mr X to leave the emergency accommodation, then we cannot intervene; and we could not intervene if the Council accepts a homelessness duty and discharges that duty by offering a property with a private landlord. Regardless of whether the Council accepts or refuses the homelessness application the Council will not be under any duty to provide a social or permanent tenancy.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council and we cannot achieve the outcome Mr X would like.

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Investigator's decision on behalf of the Ombudsman