Summary: We will not investigate this complaint about the Council’s handling of a homelessness situation. There is not enough of fault to justify investigating, and Miss Y had appeal rights that it was reasonable for her to exercise.

The complaint

1. Miss Y complained the Council wrongly decided that she was intentionally homeless.
2. Miss Y also says the Council should provide her with accommodation and white goods.

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The Ombudsman’s role and powers

3. 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))

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)

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How I considered this complaint

5. I considered information provided by Miss Y and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss Y was evicted from her home in 2024. She approached the Council for support when the eviction was pending.
8. The Council decided that Miss Y was intentionally homeless, citing S191 of the Housing Act 1996. The council explained the reasons for its decision.
9. The Council decided it would end its duty to Miss Y under S189b of the Housing Act 1996. The Council told Miss Y of her right to seek review. Miss Y exercised that right.
10. The Council, as an outcome of the review, decided to uphold its earlier decision that Miss Y was intentionally homeless.
11. Given the Council has properly considered and reviewed Miss Y’s homelessness application, there is not enough evidence of fault to justify investigating.
12. The Council, as part of the review, also told Miss Y of her right to appeal to the court if she disagreed with the Council’s decision. It is reasonable to expect Miss Y to follow this.

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Final decision

13. We will not investigate Miss Y’s complaint because there is not enough evidence of fault to justify investigating, and she can take the matter to court.

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Investigator's decision on behalf of the Ombudsman