London Borough of Waltham Forest (25 002 556)

Category : Housing > Homelessness

Decision : Closed after initial enquiries

Decision date : 12 Aug 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about Ms X’s request for a homelessness prevention fund payment. This is because the complaint is late, and further investigation would not lead to a different outcome.

The complaint

  1. Ms X says the Council said it would pay a Homelessness Prevention Fund (HPF) payment when her landlord increased the rent. But it then delayed and said it would not pay as her rent was unsustainable. She now has significant arrears and had been caused distress.

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The Ombudsman’s role and powers

  1. 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)
  2. 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 could not add to any previous investigation by the organisation, or
  • further investigation would not lead to a different outcome, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

  1. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

My assessment

  1. Ms X’s rent increased significantly in December 2023. Ms X approached the Council’s homelessness prevention team before the increase. Ms X said she could not afford the new rent. They discussed payment of HPF for the shortfall.
  2. Ms X says the officer told her “it wouldn’t be a problem”. She then signed a new tenancy agreement with the increased rent.
  3. However, by February 2024 the Council had not paid the HPF. Ms X asked for an update. The Council carried out an assessment interview with Ms X.
  4. In April 2024 the Council advised Ms X the property was unaffordable and paying the shortfall would not alleviate the threat of homelessness from December 2024.
  5. The Council tried to negotiate a reduction in the rent, but was unsuccessful. Ms X complained to the Council about its delays and communication. She said she now had significant arrears because the Council did not pay the HPF it promised.
  6. The Council replied the HPF was not guaranteed and there was no evidence it promised to pay. It apologised there were some delays in responding, but it had engaged throughout the process. If Ms X’s landlord issued a section 21 notice to evict her, it would reassess her homelessness situation. She could also consider claiming a discretionary housing payment.
  7. Ms X complained to the Ombudsman in May 2025.
  8. Ms X’s complaint to the Ombudsman is late because I consider she was aware there was a problem with the HPF in February 2024, but she did not complain to us until May 2025. There no good reason why her complaint to the Ombudsman is late. And there is also insufficient evidence the Council promised to pay the HPF and so further investigation would not lead to a different outcome.

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Final decision

  1. We will not investigate Ms X’s complaint because it is late and further investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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