The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to discharge its homeless duty to Mr X. It was reasonable for him to seek a review of the decision which he has now submitted.
The complaint
Mr X complained about the Council’s failure to re-house him. He says his current accommodation is unsuitable because of the behaviour and lifestyles of other occupants of the building.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: it would be reasonable for the person to ask for a council review or appeal.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X applied to the Council as being threatened with homelessness in 2021. The Council accepted a duty to him and secured private rented accommodation under s.195 of the Housing Act 1996. It did this by securing a 6 month assured shorthold tenancy with a landlord from the Council’s Landlord’s Team.
The Council considered the accommodation was suitable for his needs and discharged its homeless duty to him under S195(2) which was to take reasonable steps to help secure that accommodation does not cease to be available for his occupation.
Mr X disputes that the accommodation is suitable, and that the Council has discharged its duty to him. he requested a review of the decision within 21 days under s.202 of the Act and the Council is currently undertaking the review.
Should Mr X remain dissatisfied with the outcome he will have a further right of appeal to the County Court on a point of law.
Final decision
We will not investigate this complaint about the Council’s decision to discharge its homeless duty to Mr X. It was reasonable for him to seek a review of the decision which he has now submitted.
Investigator's decision on behalf of the Ombudsman