The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council failing to help her with her homelessness. This is because there is insufficient evidence of fault as the Council appropriately informed Ms X of her right of review and it was reasonable for Ms X to have used this.
The complaint
Ms X complains the Council failed to help her with her homelessness and says this was due to her income.
The Ombudsman’s role and powers
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))
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 made a homeless application and was interviewed by the Council. During the interview, the Council said it informed Ms X that she would be eligible for less preference due to her being over the income threshold limit and that she would therefore only be supported with help finding privately rented properties or a home in multiple occupation (HMO).
The Council said Ms X withdrew her application following this. The Council issued a decision letter in February 2024 which detailed that the Council’s relief duty had ended because Ms X had confirmed she did not wish to pursue a homeless application and that she wanted to withdraw her application. The decision letter informed Ms X of her right to request a review of the decision.
An investigation is not justified as we are unlikely to find with the Council’s actions. This is because the Council appropriately informed Ms X of her right to request a review of its decision, and it is reasonable for Ms X to have used her right of review if she was unhappy with the Council’s decision.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault as the Council appropriately informed Ms X of her right of review and it was reasonable for Ms X to have used this.
Investigator's decision on behalf of the Ombudsman