Summary: We will not investigate this complaint about the Council’s policy of housing vulnerable homeless people with allegedly unsuitable private landlords. This is because the Council is entitled to set its own policies and it is unlikely further investigation would achieve the outcome the complainant is seeking.

The complaint

1. The complainant, who I will call Mr A, complains the Council has been using a landlord he feels is unsuitable to house vulnerable people, whilst at the same time trying to close down some of his properties. Mr A feels this has created real issues in the area and the Council ought to change its policies to address this and to do more to take responsibility for how its customers are safeguarded.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6) as amended)

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How I considered this complaint

3. I considered information provided by Mr A and the Council. I also considered our Assessment Code.

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My assessment

4. The Housing Act 1996 (as amended) says councils must take reasonable steps to help eligible homeless people secure accommodation.
5. The Council chooses to operate a Rent Bond Scheme in order to help meet its homelessness duties by assisting people into private rented housing. This is a decision it is entitled to make.
6. Under the Scheme, the Council provides financial assistance to qualifying households and ensures tenancy agreements are compliant with housing law. But it is for the applicant and the landlord to decide whether to go ahead with a letting. The Council does not have an ongoing relationship with the landlords after making the advance rent payment and setting up a deposit bond agreement, and it has no role in the management of the tenancy.
7. Whilst Mr A feels the Scheme could operate in a better way, and should involve more monitoring of the people who have been re-housed, there is no statutory obligation for the Council to do this. The Council has complete discretion to choose whether to have a Rent Bond Scheme and how to run it, and these decisions are not something we are likely to find fault over or interfere with.

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Final decision

8. I have decided we should not investigate this complaint. This is because the Council is entitled to choose which schemes it wants to operate to meet its housing duties under homelessness legislation and it is unlikely further investigation would achieve the outcome Mr A is seeking.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman