Torbay Council (24 018 380)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 01 Jun 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about support provided by the Council’s Housing Service. There is not enough evidence of fault to justify our involvement.
The complaint
- Mr X complained the Council had not supported him after he received a Section 21 eviction notice from his landlord. He said the Council had not done anything to help prevent him from becoming homeless.
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:
- there is not enough evidence of fault to justify investigating.
(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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate Mr X’s complaint the Council did not do enough to support him after he received a section 21 notice from his landlord. The Council’s case records show it accepted the prevention duty to Mr X and completed a Personal Housing Plan. It supported him to join the Housing Register and liaised with its Housing Standards Service after Mr X reported disrepair at the property. The case notes indicate the landlord withdrew the initial Section 21 notice because it was invalid but has since issued a new notice. That notice has not yet expired therefore the Council continues to support Mr X through the prevention duty. There is not enough evidence of fault in how the Council has acted to justify our involvement.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman