Summary: We will not investigate this complaint about Ms X’s homelessness and an alleged data protection breach. This is because the complaint about Ms X’s homelessness carried a court appeal right which it was reasonable for Ms X to use. Regarding her data protection complaint, the Information Commissioner’s Office is better placed to consider this issue.

The complaint

1. Ms X complains the Council:

1. Shared camera footage of her without her consent and will not share her records (personal data) with her;
2. Wrongly found her to be intentionally homeless and evicted her from her temporary accommodation and;
3. Has refused to carry out a safeguarding investigation.

Ms X said because of the Council’s actions she is now homeless and has been caused significant distress.

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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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
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 the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

Reviews in homelessness cases

7. Homeless applicants may request a review within 21 days of being notified of certain decisions, including a decision that they have made themselves intentionally homeless. If applicants do not agree with the Council’s review decision, they can appeal to a county court on a point of law. (Housing Act 1996, sections 202, 203 and 204)

Data protection complaints

8. The Information Commissioner's Office (ICO) considers complaints about freedom of information and data protection. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information or data protection, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

My findings

9. Ms X was evicted from her temporary accommodation and the Council found she had made herself intentionally homeless.
10. Ms X requested a review of this decision, which the Council carried out. It set out its reasons in detail and upheld its original decision that Ms X had made herself intentionally homeless. This decision carried an appeal right to a county court. As Ms X disagreed with the decision, it was reasonable for her to use her appeal right and so we will not investigate this part of her complaint further.
11. There was camera footage of the incident which led to Ms X being evicted from her accommodation. Ms X complained this footage was shared by a council officer without her consent. Ms X also said she had asked the Council to provide copies of her records (personal data) but it refused. The ICO is better placed to consider these types of issues and so we will not investigate this part of Ms X’s complaint.
12. Ms X also said the Council failed to carry out a safeguarding investigation when she asked for one. The Council has not yet had the opportunity to consider this complaint through both stages of its complaints procedure. Once Ms X has a final complaint response regarding this issue, it is open to Ms X to ask the Ombudsman to consider it again.

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Final decision

13. We will not investigate Ms X’s complaint because in part it carried a right of appeal to a court and in part because another body is better placed to consider the issues raised.

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Investigator's decision on behalf of the Ombudsman