Summary: We will not investigate this complaint about how the Council has managed Ms X’s homelessness application. There is insufficient evidence of fault to warrant an investigation. Also, the Council is currently reviewing its decision and so it is appropriate to let it complete this process.

The complaint

1. Ms X complains the Council has failed to provide her with appropriate support to relieve her homelessness. She says this has affected her health and caused distress. She wants the Council to provide her with suitable housing.

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The Ombudsman’s role and powers

2. 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))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X applied to the Council for homelessness support. The Council accepted it had a duty to help relieve her homelessness but did not consider she was in priority need. This decision meant it had a duty to support her to find suitable housing but this did not extend to providing her with accommodation.
7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
8. We will not investigate this complaint. The Council considered her application and relevant supporting evidence before reaching its decision that she was not in priority need. There is insufficient evidence of fault in how it reached this decision to warrant an investigation.
9. In addition, the Council has told us it is currently completing a review of its decision. It is appropriate to allow the Council to complete this review and an investigation by us at this stage is unlikely to achieve anything more. If Ms X remains unhappy following the review, she can bring the complaint back to us for further consideration.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman