The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a housing case. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Ms X complains about the Council’s handling of her housing case. She says she does not have a case officer and the Council has not supported her with finding housing.
The Ombudsman’s role and powers
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X approached the Council for help with her housing as she lived with her parents and her son. Ms X told the Council her parents can be abusive. The Council accepted the prevention duty and completed a personalised housing plan (PHP) for Ms X.
The Council offered Ms X emergency accommodation, but she declined as she only wanted to move once. This was because her son has autism and did not cope well with change.
Ms X was unhappy with her assigned case officer and asked the Council to appoint a new officer. The Council has confirmed it has assigned a new case officer to Ms X.
Ms X has complained the Council has not offered her any properties and not supported her with finding housing. The Council has accepted the prevention duty towards Ms X. Under the prevention duty, the Council’s duty is to help Ms X to ensure her accommodation does not stop being available for her to occupy. Therefore, there is no requirement for the Council to offer Ms X properties.
Further, Ms X’s PHP details the steps the Council will take to support her. It notes the Council will refer Ms X to its private rental sector team who will then try and help Ms X secure accommodation with a private landlord. Again, as this does not specify the Council will offer Ms X properties, the Council is not required to do so.
Therefore, the Council has acted in line with its duty under the law and there is no evidence the Council has not completed the steps outlined within Ms X’s PHP. Therefore, there is not enough evidence of fault here to justify an investigation.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault here to justify an investigation.
Investigator's decision on behalf of the Ombudsman