North Hertfordshire District Council (24 018 639)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 19 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his homeless case. He says the Council did not provide him with adequate support. This is because there is insufficient evidence of fault.
The complaint
- Mr X complains about the Council’s handling of his homeless case since 2020. He says the Council did not provide him with adequate support or interim accommodation.
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 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
- Mr X first approached the Council for support with his homelessness in May 2020. Mr X told the Council he was at risk of homelessness due to his parent’s declining health and their intention to downsize. Mr X’s application did not reference he had suffered domestic abuse and the Council’s notes of discussions held with Mr X also did not reference any domestic abuse. The Council closed the case in September 2020 as it could not contact Mr X.
- Mr X approached the Council again in July 2022. Mr X told the Council his father had told him to leave the property. The records do not reference Mr X had advised he was a victim of domestic abuse. The Council said following an initial assessment, it advised Mr X he did not meet the threshold for temporary accommodation but that it could support in other ways, such as with a deposit for a private rental property. The Council’s case records detailed Mr X got upset by this and hung up the phone.
- Mr X then approached again in August 2022. It said an officer began to take a homeless application, but that Mr X declined to proceed once he was told temporary accommodation would not be provided. Again, there was no reference to Mr X being a victim of domestic abuse.
- Mr X explained he did not complain about the matters earlier because he was suffering from poor mental health. I have exercised discretion to consider the late complaint.
- Mr X disagreed with the Council’s records and asked me to obtain the original call recordings. However, due to the time that has passed, it is likely any call recordings have been deleted. On balance, I am satisfied there are no reasons for me to distrust or question the accuracy of the Council’s records.
- The records showed the Council took appropriate action to consider Mr X’s homeless applications and approaches in 2020 and 2022 and progressed them appropriately in line with its duties under the law. The Council appropriately recorded its reasons for closing each application or approach.
- I acknowledge Mr X is unhappy the Council failed to provide interim accommodation to him in 2020 and 2022. However, the Council properly considered the information Mr X provided and its decision not to provide interim accommodation was in line with the law. The Council could not have known Mr X was a victim of domestic abuse due to Mr X not disclosing this information. Therefore, an investigation is not justified because we are not likely to find fault.
- Mr X made another homeless application in November 2024. The Council accepted the relief duty and provided Mr X with hotel accommodation. It was noted Mr X had disclosed he was a victim of domestic abuse.
- Mr X complains about the hotel accommodation was not safe or adequate for him. He also complains hotel staff had threatened and attacked him.
- The Council has responded to Mr X’s complaint at stage one of its complaint procedure. However, Mr X can request a stage two. Therefore, this complaint is premature to us, and we will not investigate it at this stage. Mr X is welcomed to bring the complaint back to us once he has exhausted the Council’s complaint procedure and received a final complaint response.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman