The Ombudsman's final decision
Summary: We will not investigate this complaint from Mr X, about how the Council dealt with the homelessness of Mr Y, who was living in Mr X’s garden. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Mr X did not hold any legal authority to bring this complaint on behalf of Mr Y. And Mr Y’s family do not agree to Mr X making this complaint.
The complaint
Mr X complains the Council gave false hope to a homeless man - Mr Y - about housing him in Birmingham, to no avail. Sadly, Mr Y was found suddenly dead. Mr X believes that if accommodation had been provided Mr Y would still be alive.
The Ombudsman’s role and powers
We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by: their personal representative (if they have one), or someone we consider to be suitable.
(Local Government Act 1974, section 26A(2), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mr X’s complaint because Mr Y’s family do not agree to Mr X bringing this complaint on behalf of Mr Y.
Investigator's decision on behalf of the Ombudsman