The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision on a homelessness application. It was reasonable for Mr X to ask for a statutory review of the decision.
The complaint
Mr X complained that the Council ended its homelessness relief duty without finding him any accommodation. He says it has done this more than once since 2020.
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 or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal.
there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X applied to the Council as homeless in March 2024. The Council accepted his application because it said he was homeless, eligible for assistance and had a local connection with the authority. It investigated his case and told him that he would only be eligible for shared or supported accommodation as a single person without priority need.
Mr X said he did not wish to share accommodation and that he had medical needs which required self-contained housing. The Council asked him to provide medical evidence of this but he failed to do so within the 56-day period of the Relief duty. The period ended without Mr X being rehoused and the Council ended its the duty without receiving any suitable response from Mr X that he may have medical evidence.
The Council’s discharge of duty letter in May advised Mr X that he had a right to a statutory review of the decision within 21 days. Mr X did not ask for a review within the timescale and in August he complained to us.
We will not investigate a complaint where it is reasonable for someone to ask the Council to review its decision and where they have further rights of appeal to the courts. Mr X can ask the Council to consider a review outside the timescale but this is a discretionary matter.
Final decision
We will not investigate this complaint about the Council’s decision on a homelessness application. It was reasonable for Mr X to ask for a statutory review of the decision.
Investigator's decision on behalf of the Ombudsman