The Ombudsman's final decision
Summary: We discontinued our investigation into Mr X’s complaint about the way the Council responded to his housing enquiry. It is unlikely further investigation would achieve a different outcome and we cannot achieve the outcome Mr X wants.
The complaint
Mr X complained about the way the Council responded when he contacted it about his housing situation. He said it failed to provide suitable accommodation for him and his child.
He said this caused him distress and made his underlying health conditions worse. Mr X wanted the Council to provide urgent accommodation.
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: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6)) We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered the information from Mr X and the Council with relevant law and guidance.
Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Law and guidance If a council is satisfied someone is eligible, homeless, in priority need and unintentionally homeless it will owe them the main homelessness duty. Generally, a council carries out the duty by arranging temporary accommodation until it makes a suitable offer of social housing or private rented accommodation. (Housing Act 1996, section 193) Section 206 of the Housing Act says the council may perform the main housing duty by: providing accommodation itself; or securing accommodation from someone else; or giving the applicant advice and assistance that enables them to secure accommodation.
The law says councils must ensure all accommodation it arranges for homeless applicants is suitable for the needs of the applicant and members of his or her household. This duty applies to interim accommodation and accommodation provided under the main housing duty. (Housing Act 1996, section 206 and (from 3 April 2018) Homelessness Code of Guidance 17.2) Applicants have a statutory right to request a review of the suitability of accommodation provided after the authority has accepted the main housing duty. The applicant must usually request a review of their homelessness application decision within 21 days of the Council notifying the applicant of their decision. The Council has eight weeks to complete the review. (Housing Act 1996, section 193) What happened What follows is a brief chronology of key events and information. It does not contain all the information I reviewed during my investigation.
Mr X left another Council area (Council A) and moved to the Royal Borough of Greenwich (the Council). His ex-partner and child live in Council A. Mr X moved into a privately rented property where he currently lives.
In March 2022 Mr X contacted the Council’s Housing inclusion service. He said his property was unsuitable and he had previously experienced abuse when he lived in Council A. The Council asked Mr X for more information.
In May Mr X complained to the Council. He said he received no support as a victim of domestic abuse and his property was not safe for him and his child. He also said his child had not received support from Council A.
The Council responded but did not uphold Mr X’s complaint. It gave Mr X general advice and said an officer would contact him to discuss his housing situation. Mr X was unhappy with the Council’s response and asked for his complaint to be considered at stage two.
The Council gave its final complaint response in June 2022. It did not uphold his complaints. It repeated its advice to complete a form so it could assess his housing options.
Mr X completed the housing inclusion service form. He said he was at risk of homelessness because his home was no longer suitable due to his disability and ill health. The Council emailed Mr X and asked him to provide more information so it could assess his application. It also advised him to contact environmental health and occupational health.
Mr X remained unhappy with the Council’s response and complained to the Ombudsman.
My findings
I discontinued my investigation because: The Council considered Mr X’s complaint through its complaint process and gave its final response. It provided responses to each part of Mr X’s complaint. I did not have any concerns about the Council’s investigation or response. Further investigation is not proportionate as it unlikely to lead to a different outcome.
Some of Mr X’s complaint relates to Council A. Mr X can complain to Council A about these issues.
In his complaint to us Mr X said his desired outcome was for the Council to provide urgent accommodation for him and his child.
We cannot achieve this outcome. Mr X has not followed the Council’s process he was asked to in its complaint responses. This would enable the Council to assess Mr X’s housing situation.
It remains open to Mr X to contact the Council and provide the information it requested from him in July 2022.
Final decision
I discontinued my investigation.
Investigator's decision on behalf of the Ombudsman