London Borough of Merton (24 015 213)

Category : Housing > Homelessness

Decision : Closed after initial enquiries

Decision date : 17 Feb 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a homelessness and housing register application as there is nothing more we could achieve by doing so.

The complaint

  1. Ms X says the Council failed in its duties to her after she became homeless in 2022. She also says it did not properly consider her application to join its housing register.

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The Ombudsman’s role and powers

  1. 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
  • we could not add to any previous investigation by the organisation, or
  • further investigation would not lead to a different outcome

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

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X presented herself to the Council as being threatened with homelessness in November 2022. The Council accepted it owed her a relief duty and secured temporary accommodation for her and her family.
  2. However, a Council investigation found:
    • it also owed Ms X the main housing duty in November 2022, but did not make a decision on this until November 2023;
    • it delayed issuing a Personalised Housing Plan (PHP); and
    • there was an eight-month delay in updating Ms X’s housing register banding after it accepted the main housing duty.
  3. The Council upheld Ms X’s complaint at stage one and two of its complaint procedure. It offered £750 to remedy the distress, anxiety and uncertainty from the delays and errors. The Council did not make an offer of council housing as its investigation found it is unlikely Ms X would have been successful in bidding for permanent housing had the errors not happened, and it has explained why. I have seen no evidence to suggest differently.
  4. The Council says it has improved its procedures to avoid similar mistakes in future. As it has provided a suitable remedy both to Ms X and more widely, there is nothing more we could achieve by investigating.

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Final decision

  1. We will not investigate Miss X’s complaint because we cannot add to the Council’s investigation. Any investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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