The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint the Council refused to offer her social housing after she became homeless. There is not enough evidence of fault to justify our involvement.
The complaint
Miss X complained the Council has refused to offer her social housing after she became homeless. She said the Council’s decision that she is not entitled to social housing because she is a homeowner is unfair and has affected her mental health. She said she was forced to leave her property due to domestic abuse. She wants the Council to provided social housing in a location away from her ex-partner.
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, or further investigation would not lead to a different outcome.
(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
The Council accepted the main housing duty for Miss X after she fled domestic abuse. The Council has provided Miss X temporary accommodation until it can relieve her homelessness.
The law allows the Council to discharge its main housing duty to Miss X through either the allocation of social housing, or through an assured shorthold tenancy with a private landlord. The Council has stated it will not offer Miss X social housing as she is an existing homeowner. It has confirmed it had made that decision in line with it housing allocation’s policy. It has advised her to seek legal advice around the property she owns.
Although Miss X is unhappy with the Council’s decision we will not investigate. There is no requirement for the Council to relieve Miss X’s homelessness through an offer of social housing. It has made its decision she is not eligible for social housing in line with its allocations policy. There is not enough evidence of fault to justify our involvement.
In the Council’s complaint response, it accepted it had wrongly referred to relieving Miss X’s homelessness through social housing when it wrote to her accepting the main housing duty. It recognised that would have given her false hope. It apologised for that and said it had taken action to prevent a recurrence of the fault. Further investigation would not lead to a different outcome.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman