Summary: We will not investigate Ms X’s complaint about how the Council dealt with her homelessness application. The Council has already recognised there were failings in how it considered her disclosures about domestic abuse. It has apologised and agreed to complete staff training. Further investigation by the Ombudsman would not lead to a different outcome.

The complaint

1. Ms X complained the Council failed to properly consider its responsibilities towards her as a victim of domestic abuse after she became homeless. She said it offered her accommodation in an area she was at risk, did not provide additional domestic abuse support and incorrectly removed her from its housing register. Ms X wants an apology, for the Council to review its practices and compensation.

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The Ombudsman’s role and powers

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:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X contacted the Council for homelessness support as she needed to leave the flat she rented. The Council stated Ms did not disclose she was at risk from domestic abuse at this point. It said she made that disclosure a week later.
6. The Council accepted the relief duty, however, as Ms X did not have a local connection to its area, it referred her back to a borough she had previously lived in. Ms X told the Council she could not return to that area because of domestic abuse.
7. In its final complaint response, the Council accepted that it did not properly consider the information Ms X provided about the risk of domestic abuse. It said that more professional curiosity by the officers involved in assessing her application could have led to a different view of the risk posed to her and led to a different response. It apologised for that. It said it was introducing further training and guidance for staff to help them fully understand the significance of information provided by applicants. I am satisfied the Council’s apology addresses the injustice caused to Ms X and it has taken appropriate steps to address the identified fault. Further investigation by the Ombudsman would not lead to a different outcome.
8. When Ms X’s accommodation ended, the Council arranged interim accommodation for her. It said it did that as it had not received a response from the referral to the previous borough. Ms X rejected the first two offers of accommodation because of their location. She accepted the third. Ms X stayed in the accommodation for a few days, before arranging alternative accommodation for herself. There was no delay in the Council arranging alternative accommodation for Ms X and it responded to her concerns about the suitability of the location. There is not enough evidence of fault to justify our involvement.
9. Ms X asked the Council for a review of its decision that she had no local connection. In its complaint response, the Council confirmed it had overturned that decision and withdrawn the referral to the other borough. Further investigation by us would not lead to a different outcome.
10. After the Council withdrew the no local connection decision, Ms X became eligible to apply for the housing register. Shortly after the Council registered that application, it wrote to Ms X stating it had closed the application as it had updated its housing register policy. It explained she would need to make a new application. If Ms X is unhappy about the outcome of that new application, she would need to exhaust the Council’s complaint process before we could consider the matter.

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Final decision

11. We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman