Summary: We will not investigate Mr X’s complaint that the Council failed to take appropriate steps to protect his child’s welfare. There is not enough evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council failed to take appropriate steps to ensure he and his family were able to return to their property.

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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. Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Mr X and his family, including their child, had lived abroad for some time. During this time, Mr X privately rented out their property to a tenant.
6. The family returned to the country and wanted to live in their property. In November 2025, Mr X served the tenant with the relevant notices to begin proceedings to evict them. The tenant did not move out.
7. Mr X complained and said the Council had failed to take appropriate action to find new accommodation for the tenant. He was also unhappy that the Council had allegedly assisted the tenant with rent. He said the Council’s actions, or lack of them, had caused damage to his child’s welfare as they could not move back into the family home and might not be able to attend the school they were enrolled at.
8. We will not investigate this complaint. It was the decision of the family to rent the property. Mr X had a privately arranged tenancy agreement with the tenant which the Council had no involvement in. If he wishes to gain possession he can continue to take legal action.
9. Mr X believes this is a child welfare issue. It is not unless the family becomes homeless. If that happens, they can apply to the Council. If the Council owes them a housing duty, then they will take a number of issues, including the welfare of the child, into account when deciding how to discharge that duty. However, it will still not mean the Council will intervene in the private tenancy issue between Mr X and his tenant.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman