The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s handling of her homeless case. This is because the Council has resolved the complaint early by providing a proportionate remedy for the injustice caused by the likely fault. In addition, it is reasonable to expect Miss X to request a review of the Council’s decision and then appeal to the county court if she remains unhappy.
The complaint
Miss X complains about the Council’s handling of her homeless case. She says the Council has not supported her with her situation.
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 it would be reasonable for the person to ask for a council review or appeal. (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
Miss X approached the Council for help with her housing situation. She was renting privately and considered she would be unable to afford the rent once she went on maternity leave.
In June 2024, the Council issued Miss X a letter which detailed it was minded to conclude she was not homeless or threatened with homelessness as it was reasonable for her to continue to occupy her privately rented property.
If we were to investigate, it is likely we would find fault. This is because the Council failed to issue its decision formally. This meant Miss X was unable to request a review of the Council’s decision. I am satisfied this will have caused distress and frustration.
We asked the Council to apologise for this and to now issue its final decision formally under section 184 of the Housing Act 1996.
The Council has now apologised and sent its decision letter, which also advises Miss X of her right to request a review. It is reasonable to expect Miss X to request a review if she is unhappy with the Council’s decision. If Miss X is then unhappy with the Council’s review decision, she can appeal to the county court.
Final decision
We have upheld this complaint because the Council has resolved the complaint early by providing a proportionate remedy for the injustice caused by the likely fault. In addition, it is reasonable to expect Miss X to request a review of the Council’s decision and then appeal to the county court if she remains unhappy.
Investigator's decision on behalf of the Ombudsman