Summary: We will not investigate this complaint about how the Council handled a homelessness application. This is because we are unlikely to find fault with the Council.

The complaint

1. Mr X says the Council took too long dealing with his homelessness application, so he missed out on accommodation opportunities. He says this caused him to lose income and affected his mental health. Mr X wants the Council to pay him 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
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), section 34(B))

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How I considered this complaint

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

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My assessment

5. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities set out councils’ powers and duties to people who are homeless or threatened with homelessness.
6. If a council is satisfied an applicant is threatened with homelessness and eligible for assistance, it must take steps to help the applicant keep their home or find somewhere new to live. In deciding what steps to take, a council must have regard to its assessment of the applicant’s case. (Housing Act 1996, section 195)
7. The evidence suggests the Council took steps to help Mr X remain in his accommodation when he was at risk of homelessness and to help find somewhere else to live. It advised him to seek advice from an advice agency about issues with his landlord. It also advised Mr X to pay his rent to help him to secure another tenancy. There is insufficient evidence of fault in how the Council handled Mr X’s housing application.
8. Mr X told the Council he found a property he was interested in. He said the Council took too long to progress with it and so the property was let to someone else. However, there is insufficient evidence to suggest the Council was at fault. I have seen evidence that the Council asked the letting agent about the type of financial support it wanted from the Council in return for letting its property to Mr X. The Council was waiting for the agent to respond. The Council followed this up a few days later, explaining that Mr X did not want to lose the property. A few days after that, Mr X found the letting agent had rented the property to someone else. The evidence does not suggest that was the Council’s fault.
9. Mr X says the circumstances have affected his mental health. However, I do not consider this is because of any fault by the Council. Even if it was, an investigation by the Ombudsman could not achieve the compensation Mr X wants. When we recommend a payment, it is often a modest, symbolic amount. It is not our role to assess economic losses or award compensation. That is the role of the courts.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find fault with the Council.

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Investigator's decision on behalf of the Ombudsman