Summary: We will not investigate this complaint about the advice the Council provided to the complainant’s tenant. This is because there is insufficient evidence of fault by the Council and the complainant can contact the Information Commissioner.

The complaint

1. The complainant, Mr X, says the Council failed in its statutory duties in providing homelessness assistance to his tenant. Mr X wants an apology, to find out when the Council will re-house the tenant, and pay compensation of at least £26,000.

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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 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))
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and our Assessment Code.

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My assessment

5. Mr X is a landlord. He served a Notice to Quit on his tenant which asked him to leave by a specified date. There is no requirement for a tenant to leave when the notice expires. Once the notice has expired, the landlord can apply to court for a possession order and then for eviction by bailiffs. There is a set process for landlords to follow if they want to evict a tenant. Councils are not involved in this process.
6. A tenant facing eviction can ask a council for help in securing alternative accommodation. That relationship is solely between the council and the tenant.
7. Mr X complains the Council has not complied with its statutory duties towards the tenant. He says the tenant needs to move to more suitable accommodation. Mr X says the Council has not offered alternative accommodation even though the notice has expired. Mr X says he has incurred financial losses due to this delay and says it has disrupted his business. Mr X wants the Council to re-house the tenant and pay compensation.
8. The Council said it could not accept a complaint from Mr X because it provides a service to the tenant, not to Mr X. It explained it cannot give any information about advice it provided because that is confidential to the tenant. It said an officer had explained to Mr X why the first notice he served was defective.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. There is no relationship between the Council and Mr X and it does not provide a service to Mr X; as such, there cannot be any fault in relation to the Council and Mr X. It is for Mr X, as the landlord, to follow the legal process if he wants to procced to the next stage in evicting the tenant. There is no obligation for the Council to re-house the tenant so that Mr X does not have to follow the legal process and seek a possession order in court. Mr X will incur costs but that is part of being a landlord.
10. If the tenant is dissatisfied with the advice he has received he can complain to the Council.
11. If Mr X disagrees with the Council’s response that it cannot release information about the tenant due to confidentiality, he can complain to the Information Commissioner. The Information Commissioner is the correct body to consider complaints about data protection.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because Mr X can contact the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman