Summary: We will not investigate this complaint about the Council telling Ms X a property was a social housing tenancy when it was not. The Council has already accepted fault and apologised and investigation would not seek to achieve anything further.

The complaint

1. Ms X complains that the Council wrongly told her a property it offered was social housing when it was a private tenancy. She says as a result she is now threatened with homelessness. She complains about the Council’s handling of that homeless application.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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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. Several years ago, the Council wrote to Ms X offering her a property to end its homelessness duty to her. This letter said the offer was for a council tenancy. It was not. It was a privately rented property managed by the Council’s letting agency. Ms X signed the tenancy agreement, which named the landlord (not the Council).
6. Ms X realised she was not a secure council tenant when the landlord issued a notice to end her tenancy. Ms X complained to the Council. In response, the Council accepted fault for sending the wrong letter when offering the property. It apologised for the distress and confusion this caused.
7. We will not investigate this complaint. The Council’s actions are a suitable remedy for the injustice caused and we would not achieve anything more by investigating. The Council was allowed to end its duty into a private tenancy and an apology is sufficient to remedy the distress and confusion Ms X experienced.
8. Ms X also complained about issues in her current homeless application. The Council has remedied any fault by withdrawing the offer Ms X said was unsuitable and confirming it will provide temporary accommodation if or when she has to leave her tenancy. An investigation is unlikely to achieve anything more.

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Final decision

9. We will not investigate Ms X’s complaint because the Council has already accepted fault and apologised, which is a suitable remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman