Summary: We will not investigate Ms X’s complaint about the Council's decision to terminate her pitch tenancy agreement on a traveller site. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains about a Council decision to terminate her tenancy agreement for a pitch on a traveller site. She says this led to her and her family becoming homeless. She also says it lied to her to retrieve the keys for the pitch which caused her distress. She wants the Council to provide suitable housing for her family.

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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, 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

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

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My assessment

5. In its complaint response, the Council explained how it had reached its decision to terminate the pitch tenancy agreement. It said it had discovered Ms X had provided inaccurate information on the application form which rendered the agreement null and void.
6. It apologised for how officers had regained the pitch keys from Ms X. It accepted the officers should have been more open with her and said it would ensure it did not happen again this way in future. It advised her how to contact its homelessness team for advice and support, if she was still in the Council’s area.
7. We will not investigate this complaint. The application form and tenancy agreement signed by Ms X states information provided must be accurate and any false information may lead to the person being refused or evicted from a pitch. The applicant/ tenant must also inform the Council of any change in circumstances.
8. The Council has explained its reasons for terminating her pitch tenancy and its decision appears in line with the conditions in the tenancy agreement. There is insufficient evidence of fault in this decision to warrant an investigation.
9. The Council has accepted it should have been more open with her when retrieving the pitch keys. It apologised for any distress caused and said it will act to ensure it does not happen again. This is an appropriate response to this part of her complaint. We will not investigate as it is unlikely we could achieve anything more.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault and it is unlikely we could achieve anything more.

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Investigator's decision on behalf of the Ombudsman