Summary: We will not investigate Mr X’s complaint about the support the Council gave Mr Y with his homelessness. The complaint about the period before July 2023 is late and there are no good reasons to investigate now. There is insufficient evidence of fault in the period July 2023 to May 2024 to justify our involvement. Mr Y had rights of review and appeal if he disagreed with the Council’s decision in May 2024 that he was intentionally homeless and it was reasonable for him to exercise those rights.

The complaint

1. Mr X complained about the Council’s lack of support for his son, Mr Y, who has mental health issues. He said that, as a result of Council failings, Mr Y was left homeless and at risk. He also said he was concerned the Council was discriminating against those with mental health issues.

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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 late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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:

• we cannot achieve the outcome someone wants, 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

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

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My assessment

What happened

8. Mr Y sought support from the Council in February 2021 when he had to leave his accommodation due to substance misuse. The Council initially accepted a duty to prevent him becoming homeless. In May 2021, it accepted a relief duty and arranged interim accommodation. In June 2021, the Council made a referral for supported accommodation, but this did not progress because Mr Y did not engage with the process. In September 2021 it accepted a main housing duty, and the interim accommodation became temporary accommodation.
9. In 2022, Mr Y was issued with a warning that he was in breach of the licence for his temporary accommodation, due to the condition of the property and regular police visits following complaints. Mr Y left the temporary accommodation.
10. In 2023, the Council arranged alternative temporary accommodation. The provider of the temporary accommodation told the Council about its concerns in early August. The Council said it tried to contact Mr Y to discuss this, but was not able to do so. In late August, an occupancy check indicated Mr Y had abandoned the accommodation and left it in a poor state. From August 2023, Mr Y was rough sleeping and was supported by the Council’s rough sleepers’ team. In October 2023, the Council said it tried to contact Mr Y about potential housing that would have ended his homelessness but was not successful.
11. In January 2024, there was a professionals meeting, which Mr X attended, to discuss the support Mr Y needed. Mr Y was invited but did not attend. Further dates were offered to Mr Y, but he did not respond. In emails following the meeting the Council indicated Mr Y needed a mental health assessment, so it could assess whether his mental health difficulties were due to mental health conditions or due to his history of drug use.
12. In May 2024, the Council ended the main housing duty on the grounds Mr Y was intentionally homeless on the grounds, he had abandoned two temporary accommodation properties, had left both properties in a poor state of repair and had accrued rent arrears. Its letter explained Mr Y could ask for a review of its decision if he disagreed with it.

My assessment

13. We expect people to complain to us within 12 months of the events complained about. Mr X complained in July 2024 about the Council’s homelessness support, which goes back to February 2021. There is no evidence that Mr X could not have complained to us sooner, so we will only consider investigating the period from July 2023. In any case, the Council took the action we would expect in the earlier period, and there is insufficient evidence of fault to justify us investigating.
14. The Council had accepted Mr Y was in priority need because he was vulnerable. It provided temporary accommodation and put in place support to help Mr Y maintain the tenancy. There was a period from August 2023 to early January 2024 when the housing team were not able to make contact with Mr Y, following which the Council arranged the professionals meeting in January 2024. This indicates the Council was trying to support Mr Y in line with housing law and there is insufficient evidence of discrimination on grounds of his mental health issues to justify us investigating this part of the complaint further.
15. The Council ultimately decided Mr Y was not engaging and ended its housing duty in May 2024. Mr Y had the right to ask for a review of that decision and, if he was unhappy with the outcome of the review, he could have appealed to the county court on a point of law. It was reasonable for him to exercise his rights of review and appeal and therefore we will not investigate the Council’s decision he had made himself intentionally homeless. In any case, we cannot achieve the outcome Mr X wants, which is to require the Council to rehouse Mr Y, as it no longer owes Mr Y a homelessness duty.

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Final decision

16. We will not investigate Mr X’s complaint because part of the complaint is late and there are no good reasons to investigate now. There is insufficient evidence of fault in the period July 2023 to May 2024 to justify our involvement. Mr Y had the review and appeal rights in relation to the Council’s decision in May 2024 and it was reasonable for him to exercise those rights.

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Investigator's decision on behalf of the Ombudsman