Summary: We will not investigate this complaint about housing support. That is because the Council has accepted there were fault in assessing a housing register application and offered a remedy in line with our guidance. It was reasonable for the complainant to appeal to County Court if they were unhappy with the Council’s final offer of accommodation.

The complaint

1. Miss X complained about housing support she had received from the Council since 2021. She said the Council advised her to apply to for the housing register after she sought support with potential homelessness.
2. She said there were then significant delays in the Council assessing her housing register application. When it did, she was not assessed as having a priority need and the Council directed her to make a further homelessness assessment. Miss X said the delays in dealing with her housing application resulted in a deterioration in her mental health and wellbeing. She said she also accrued rent arrears.
3. Miss X said the Council has since accepted the main housing duty. However, she said the Council’s final offer of property is not suitable for her needs. She said it is not close to her support network, and that she needs two bedrooms. She wants the Council to provide her a different property.

Back to top

The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. 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)
7. 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 our involvement, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

10. Miss X made a homelessness application to the Council in 2021 as she was struggling to afford her privately rented accommodation. In the Council’s complaint response, it confirmed it contacted Miss X’s landlord about possible rent arrears and disrepair. It provided advice to Miss X around free prescriptions and other financial support. It said Miss X told the Council she had a three-month tenancy elsewhere whilst the landlord completed repairs. The Council said it emailed Miss X telling her it was closing her case as she was not at risk of homelessness within 56 days. It said Miss X could contact it further if she needed help with accommodation.
11. We will not investigate this complaint further. Firstly, the complaint is late. We expect a person to complain to us within 12 months of being aware of the matter. If Miss X was unhappy with the Council’s housing support or its decision she was not threatened with homelessness in 2021, it was reasonable for her to complain to us sooner.
12. In any event, even if this complaint was not late, we would not investigate. The Council made inquiries following Miss X’s homelessness application. It provided support and satisfied itself she was not at risk of homelessness. There is not enough evidence of fault in how the Council acted to justify our involvement.
13. The Council said Miss X applied to join the housing register at the start of 2022. It assessed that application at the start of 2023. In its complaint response, the Council apologised for the delay in assessing that housing application. It offered Miss X £1000 to remedy any injustice caused by the delay.
14. We will not investigate the Council’s handling of Miss X’s housing register application. The Council has accepted fault and offered a remedy in line with our Guidance on Remedies. The Council has also made service improvements. Further investigation is unlikely to lead to a different outcome.
15. The Council did not assess Miss X as having a priority need to join the housing register. However, as she reported on-going affordability issues and mould in her property, it recommended she make a new homelessness application.
16. We will not investigate how the Council dealt with Miss X’s homelessness application. After receiving and assessing the application the Council accepted the relief duty. It completed a Personal Housing Plan and offered Miss X temporary accommodation. In its complaint response, it offered to pay her rent arrears from the date of her homelessness application. It said it would also consider other arrears Miss X had. There is not enough evidence of fault to justify our involvement.
17. Miss X is unhappy with the Council’s final offer of accommodation. She said she needs two bedrooms, and its location is not close enough to her support networks.
18. We will not investigate this complaint. The Council completed a suitability review. It considered all the information Miss X provided at the time. It did not uphold her review and set out her right to appeal to the County Court. It was appropriate for Miss X to use her right to appeal if she was unhappy with the Council’s decision.
19. Miss X has since submitted further evidence to the Council. The Council has considered this information and said it did not change the outcome of its review decision. Miss X can make a new homelessness application to the Council if she is unhappy with the Council’s decision. That would provide her fresh review and appeal rights if she is unhappy with its housing decision.

Back to top

Final decision

20. We will not investigate Miss X’s complaint because the Council has offered a remedy in line with our guidance. It was reasonable for Miss X to appeal to the County Court if she was unhappy with the Council’s housing decision.

Back to top

Investigator's decision on behalf of the Ombudsman