Summary: We will not investigate Ms X’s complaint about the Council’s offer of shared interim accommodation because there is insufficient evidence of fault to justify our involvement.

The complaint

1. Ms X complained the Council offered her shared accommodation, which means she cannot have her pets with her, despite her explaining to the Council that she needs her pets with her for support with anxiety. Ms X said that, as a result of the Council’s lack of support she is homeless and living in constant fear and stress.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. 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.

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

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

Succeeding a tenancy

8. Ms X asked the Council if she could succeed her relative’s tenancy after the relative died. The Council explained she could not do so because there had already been a succession.
9. We cannot investigate complaints about the way the Council manages social housing so we cannot consider this part of the complaint further.

Court action for possession

10. As Ms X did not leave the relative’s property, the Council took court action to obtain possession of the property.
11. We cannot investigate complaints about the start of court action or what happened in court. Further, the Council was acting as manager of social housing when deciding to take court action, which means we cannot investigate this part of the complaint.

Homelessness application

12. Since Ms X could not stay in her relative’s property the Council advised her she could make a housing register application, which would mean she could bid for social housing. It also said she could contact its homelessness team for help.
13. The Council carried out a homelessness assessment in September 2024. It accepted a prevention duty and issued a personalised housing plan (PHP). It said it had reason to believe she may be in priority need due to her medical conditions, so it arranged interim accommodation in a bed and breakfast establishment.
14. The Council also offered to refer Ms X to an organisation that could provide shared accommodation close to where other family members live. It wrote to her to say it considered the shared accommodation was suitable interim accommodation, but if she disagreed, it would consider her comments. It warned her that if she refused suitable interim accommodation, it would not offer an alternative and its duty to provide interim accommodation would end.
15. Ms X was unhappy she was offered shared accommodation. She said this meant she would not be able to support Ms Y, another relative, with her children. She said she wanted to stay in her current property or to be offered self-contained accommodation near Ms Y. In its complaint response, the Council suggested how Ms X could support Ms Y with her children even if she was living in the shared accommodation and confirmed accommodation could be provided close to where Ms Y lives. Ms X remained unhappy and complained to us.
16. In early October, the Council accepted a relief duty. In a separate email, it told Ms X it was not aware of Ms X’s pets until it gained possession of Ms X’s previous property and, as she had not provided the medical evidence it asked for, it could not progress the case further.
17. The Council has taken the action we would expect. It advised her she could make a housing register application. It considered what homeless duties it may owe her, issued a PHP and arranged interim accommodation in a B&B. It offered shared accommodation, which it consider suitable based on the information it had, but confirmed it would consider Ms X’s comments if she did not agree it was suitable. We will not consider the complaint further because there is insufficient evidence of fault.

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Final decision

18. We will not investigate Ms X’s complaint about the offer of shared accommodation because there is insufficient evidence of fault. We cannot consider complaints about the management of social housing or about court action.

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Investigator's decision on behalf of the Ombudsman