Summary: We will not investigate Mr X’s complaint about the Council’s homelessness decision because it is reasonable for him to appeal it. We cannot investigate the other complaints about its handling of his homelessness case because the Council has not yet had a chance to respond to those concerns. We will not investigate what happened to the housing register forms he handled into Council offices in January 2024 because there is nothing worthwhile we could achieve by doing so.

The complaint

1. Mr X complained about the Council’s handling of his housing register and homelessness applications. He says that, as a result of Council failings, he has been sleeping in his car, which has adversely affected his health.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

Homelessness

7. Mr X asked the Council for support when he became homeless in November 2023. The Council said it arranged emergency accommodation whilst it made enquiries. It subsequently decided he was intentionally homeless and ended the emergency accommodation. That decision was upheld on review.
8. Mr X has a right of appeal to the county court on a point of law if he disagrees with the intentionally homeless decision. He told the Council he would appeal and it is reasonable for him to do so. Therefore, we will not investigate any complaint about that decision.
9. In his complaint to us, Mr X also said the Council:
• had been storing his belongings since October 2023 and he is worried about the cost of this;
• was charging him an unfair amount for the emergency accommodation, which he did not stay in and did not sign a tenancy agreement for;
• had made two offers of housing that were unsuitable because they did not meet his medical needs; and
• had not provided him with accommodation under the severe weather protocols last winter.
10. I have not seen evidence to show Mr X has complained to the Council about the matters set out in paragraph 9. The law says we cannot investigate complaints unless the Council has had an opportunity to respond. If Mr X wants to pursue a complaint about these matters, he should make a formal complaint to the Council. If he remains unhappy at the end of the complaints process, he can make a fresh complaint to us. We will not investigate further at this stage.

Housing register

11. Mr X said he was accepted into the Council’s housing register in 2008, but in January 2024 he was told the application was closed. The Council said this was because he was no longer living at the address used to make the application. It advised Mr X to make a fresh application.
12. Mr X says he was supported to complete a fresh application, which he said he hand delivered to Council offices in January 2024. However, the Council says it does not have a completed application for him. It says Mr X has completed a partial application online, which he needs to submit, following which it will consider it.
13. Mr X wants us to find out what happened to the January 2024 application, and he wants staff to be disciplined if it has been lost. It is unlikely we would be able to establish what happened to an application form delivered to the Council a year ago and we have no power to recommend that staff are disciplined. We will therefore not consider this complaint further because there is no worthwhile outcome we could achieve by doing so.

Back to top

Final decision

14. We will not investigate Mr X’s complaint because it is reasonable for him to appeal the intentionally homeless decision, the Council has not yet had chance to respond to his other concerns about his homelessness application and there is nothing worthwhile we could achieve by investigating what happened to his January 2024 housing register application.

Back to top

Investigator's decision on behalf of the Ombudsman