Summary: We cannot investigate this complaint about the way the Council handled the complainant’s housing situation. This is because we have no power to investigate a council when it is acting as a landlord. We will not investigate other parts of the complaint because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains about the way the Council has managed her housing situation after she agreed to hold a tenancy in trust.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Ms X made in reply to a draft of this decision.

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My assessment

5. Ms X gave up her home. She moved in with a relative (Mr Y) to become his guardian and hold his tenancy in trust, until he became an adult. Ms X says the Council did not explain what would happen to her housing position when Mr Y became the tenant and did not warn she might face homelessness.
6. Mr Y reached the age of 18 and took over the tenancy in 2019. Since then Ms X has continued to live with Mr Y but she has no legal rights to remain in the property. Ms X is not the tenant and has not had any rights to the tenancy since Mr Y took over the tenancy. Mr Y could allow Ms X to remain in the property or he could ask her to leave. Mr Y could also decide to move to a different property.
7. Ms X says that last year the Council offered her a two bedroom home in conjunction with Mr Y downsizing to a one bedroom home. Ms X says the Council has withdrawn that offer. Ms X is worried she may become homeless. She says she could have made preparations for homelessness if the Council had offered the correct advice.
8. The Council suggested Ms X make a housing application. Ms X made an application in January but the Council closed it in April because it says she did not provide the requested information.
9. Ms X approached the homelessness prevention team in May. The Council closed the case because Ms X did not provide the information it had requested. Ms X has since been in further contact with the homelessness team and discussions are continuing.
10. Many aspects of this case have been handled by the housing service; for example, the decision Ms X could hold the tenancy in trust, what advice she was given and the offer of a tenancy last year. It appears there are on-going discussions between Ms X and the housing team regarding her situation and options. I have no power to investigate a council when it is acting as a landlord and providing housing management services. This means I cannot investigate most of the complaint.
11. I also will not start an investigation because there is insufficient evidence of fault by the Council. This is because it correctly invited Ms X to apply to join the housing register or to make a homelessness application. Ms X may still be in contact with these departments and can continue to do so depending on her current housing situation.

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Final decision

12. We cannot investigate this complaint because the bulk of the complaint relates to decisions made by the housing service and we cannot investigate a council when it is acting as a landlord. And, for other parts of the complaint, there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman