Westminster City Council (24 010 618)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 22 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision that Mr X was non-priority homeless in 2023. It was reasonable for him to challenge the decision by way of a statutory review.
The complaint
- Mr X complained about the Council decided that his homeless application should be ended because he was not in priority need. He says he is vulnerable because of his mental health condition and that the decision has made his condition worse.
The Ombudsman’s role and powers
- 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 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))
How I considered this complaint
- I considered information provided by the complainant and the Council’s response.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council should not have decided that he was non-priority homeless in December 2023. He says he has mental health issues and provided this information. Since the Council’s decision he says his condition has worsened due to the stress of the decision and his current accommodation.
- The Council says Mr X was issued with a decision letter in December 2023 and that it informed him of his right to seek a statutory review within 21 days. He did not do so and although the Council held a telephone conversation in March 2024 in which the review requirement was discussed he did not raise a complaint until June 2024. The Council advised him that he was out of time for a review under s.202 of the Housing Act 1996 Part 7.
- We will not investigate complaints where it was reasonable to request a review or an appeal of the Council’s decision.
Final decision
- We will not investigate this complaint about the Council’s decision that Mr X was non-priority homeless in 2023. It was reasonable for him to challenge the decision by way of a statutory review.
Investigator's decision on behalf of the Ombudsman