Summary: We will not investigate Ms X’s complaint about the Council’s actions relating to her homelessness. This is because there is not enough evidence of fault to justify investigating and it was reasonable for her to use her right of appeal.

The complaint

1. Ms X complained about how the Council handled her housing application when she was threatened with homelessness. She said the Council failed to:
• approve her application to join its housing register as she currently does not reside in its borough any longer even though she has lived there all her life;
• review the suitability of her current accommodation where she said she does not feel safe; and is not responding to her messages.
2. She said the situation is causing her avoidable distress and has worsened her mental health. She wants this situation to be rectified as she has been informed the Council has provided her with incorrect information about her situation.

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The Ombudsman’s role and powers

3. 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
• any injustice is not significant enough to justify our involvement, or

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

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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, a lifelong resident of the borough, became homeless and sought help from the Council. The Council accepted its relief duty and offered her a flat in a nearby borough. She said felt pressured to accept it despite the distance from her support network, which she relies on due to medical conditions.

Homelessness

7. When the Council accepted its relief duty and offered Ms X accommodation, she expressed concerns about its location and distance from her support network. The Council informed her that refusing the offer could end its relief duty, making her intentionally homeless and ineligible for further support. As a result, she accepted and moved into the accommodation.
8. After Ms X moved into the offered accommodation, the Council lawfully ended its relief duty, as suitable housing was provided. It sent her a formal letter notifying her of this decision, which also informed her of her right to request a review within 21 days.
9. The Council accepted its relief duty when Ms X faced homelessness and offered her accommodation, which she accepted. This ended the Council’s relief duty, and it formally notified her, highlighting her right to request a review of the decision. Therefore there is not enough evidence of fault to justify investigating this part of Ms X’s complaint. There is further no good reason why Ms X could not have exercised her right to ask for a review of the Council’s decision at the time when she was still within the eligible timeframe for a review.

Housing register application

10. Hoping to return to the borough, she applied to be put on the housing register. In June 2024, the Council sent Ms X a decision letter rejecting her request to join the housing register. It stated she no longer met the residential qualification in line with its allocation policy since she no longer lived in the borough. The letter also informed her of the right to request an internal review within 21 days, but she did not do so.
11. The Council rejected Ms X’s application for the housing register in line with its published allocation policy and informed her of her right to ask for an internal review of this decision.
12. Therefore there is not enough evidence of fault to justify investigating this part of Ms X’s complaint. There is further no good reason why Ms X could not have exercised her right to ask for a review of the Council’s decision at the time when she was still within the eligible timeframe for a review.
13. The Council informed us Ms X has recently moved into privately rented accommodation closer to her support network. As a result, there is no remaining injustice justifying our involvement.

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Final decision

14. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify investigating and it was reasonable for her to use her right to of appeal.

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Investigator's decision on behalf of the Ombudsman