Summary: We will not investigate Mr Y's complaint about the Council’s handling of a local connection referral for his homelessness application. There is not enough evidence of fault to justify an investigation of the complaint.

The complaint

1. Mr Y complains that the Council failed to properly consider a local connection referral for his homelessness application. Mr Y considers the Council ignored his medical evidence and failed to contact him when assessing the referral. Mr Y says that, as a result, he is living in temporary accommodation without access to medical care.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr Y made a homelessness application to another council who I shall call council A. Council A made a referral to the Council as it considered Mr Y may have a local connection to its area.
7. The Council considered the referral but rejected it. It considered Mr Y did not meet the conditions to accept a referral. It made this decision for several reasons. These reasons included that it considered Mr Y had a local connection to council A. The Council notified council A of its decision.
8. Mr Y complained that the Council did not contact him when considering the referral and did not notify him of the decision.
9. We are not an appeal body so we will not come to our own view on whether the Council should have accepted the referral from council A. Our role is to consider if the Council followed the proper processes when making its decision.
10. We will not investigate Mr Y’s complaint. The Council considered the referral and notified council A of its reasons for rejecting it. There is no requirement for the Council to contact Mr Y to discuss the referral or notify him directly of its decision. The Council was only required to notify council A as it made the referral. Any dispute about the Council’s decision was a matter between council A and the Council. So, there is not enough evidence of fault in how the Council considered the referral to justify an investigation.

Back to top

Final decision

11. We will not investigate Mr Y's complaint as there is not enough evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman