Summary: We will not investigate Mr X’s complaint about a lack of support when Mr X became homeless because there is insufficient evidence of fault to justify our involvement.

The complaint

1. Mr X complained about the Council’s lack of support when it was not safe to return to his flat in September 2023. Mr X also complained the Council is currently not assisting him as a result of false allegations made against him. As a result, he is street homeless.

Back to top

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.

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

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Council records show it arranged temporary accommodation for Mr X in September 2023 in a hotel after Mr X said he was not safe at his flat. The hotel told the Council Mr X did not stay there after 12 October 2023. The Council spoke to Mr X, who told them he was away and would return in a few days. The hotel said Mr X did not return so the Council cancelled the temporary accommodation on 26 October 2023. Since Mr X had voluntarily left the accommodation the Council had provided for him, it ended its homelessness duty on 3 November 2023. The Council sent a copy of that letter to Mr X’s probation officer to pass on to him because it did not know where he was.
6. Mr X subsequently spent some time in prison. In January 2024 he asked the Council for housing support when he was released in April 2024. The Council tried to call him on the number given but was unable to speak to him. It asked his probation officer to help him make a homelessness application, but it says it did not hear from either of them.
7. In early April 2024, following his release form prison, Mr X attended the Council officers. The Council officer he saw reported verbally abusive behaviour by Mr X and that Mr X had threatened violence. The Council sent a warning letter to Mr X via his probation officer. It said it would not tolerate such behaviour and that any further communication would need to be sent via the probation officer. It also told him it had reported the matter to the police. The Council said it had no further contact so it closed its case.

My assessment

8. The records show the Council did assist Mr X in September 2023 when he said it was at risk at his previous accommodation. It arranged hotel accommodation, which it only cancelled because Mr X was no longer staying there. There is insufficient evidence of fault to justify investigating this further.
9. Mr X tried to make a fresh homelessness application in January 2024. There is no indication the Council were refusing to assist him, but it was not able to contact him to pursue the matter.
10. Mr X disputes the Council’s account of the incident in early April 2024. There is a conflict of evidence about what happened, which I cannot resolve. Following this incident, the Council restricted Mr X’s communication with it, which it was entitled to do. It said Mr X could communicate with it via his probation officer. Since it did not hear from his probation officer, it closed the file.
11. We will not consider this complaint further because there is insufficient evidence of fault to justify our involvement.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman