The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement in Ms X’s homelessness case. We have already decided parts of the complaint under another case reference. There is insufficient evidence of fault in the remaining complaints.
The complaint
Ms X complained the Council: decided she was intentionally homeless; decided it did not therefore owe her the main housing duty; stopped supporting the family to find private rented accommodation; and threatened to make a children's social care referral if she did not find private rented accommodation herself.
Ms X said this meant the family was left to struggle without any help to obtain accommodation, which she said impacted their health. She wanted the Council to apologise and provide permanent accommodation.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Complaints a) and b) We previously considered a complaint from Ms X. We decided it had been reasonable for her to appeal the Council’s decision on her homelessness application to the county court. I will not revisit that decision and so I will not consider parts a) and b) above any further.
Complaint c) Ms X says the Council stopped supporting the family to find private rented accommodation. Any decision by the Council to end its relief duty brings a statutory right of appeal to the county court, and we would expect Ms X to use this.
The Council explained its housing service will continue to offer Ms X support in finding private rented accommodation. There is insufficient evidence of fault by the Council.
Complaint d) The Council has a duty towards Ms X’s children. Where children are homeless, the Council’s children’s services may need to take action to protect them. There is insufficient evidence of fault in the Council having explained this to Ms X. We will not investigate this complaint.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault in the parts of the complaint we have not already decided.
Investigator's decision on behalf of the Ombudsman