The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr X’s accommodation being in disrepair, that the Council refused to allow him to join the housing register, and that the Council used information without his consent. This is because there is insufficient evidence of fault to justify an investigation. In addition, there is another body better placed to consider the complaint.
The complaint
Mr X complains about his accommodation being in disrepair. He says the accommodation is not safe for him and is also unsuitable for him as he is a wheelchair user. He also complains the Council refused to allow him to join the housing register and that it used information shared by a neighbour without his consent to make its decision.
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 an investigation if we decide: there is not enough evidence of fault to justify investigating, or there is another body better placed to consider this complaint.
(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 approached the Council as homeless in 2020. The Council accepted a homelessness duty and arranged for Mr X to be offered a privately rented ground floor property. Mr X accepted the property and moved in 2021 and the Council discharged its homelessness duty.
Mr X did not raise any concerns about the suitability of the property when he accepted it in 2021. It was reasonable to expect Mr X to request a suitability review if he thought the property was not suitable for his needs.
The Council said Mr X has now been served with a Section 21 notice by his landlord. Therefore, I do not consider it is proportionate for the Council to now consider the suitability of the property. Mr X can approach the Council for homelessness assistance now he has received the Section 21 notice.
The Council explained to Mr X he was not eligible to join the housing register because he could not show a three-year connection with the area. The Council said its view was Mr X came to the area in 2020. The Council appropriately advised Mr X that if he could provide evidence of his addresses that showed he lived in the area before 2020, it would review its position. The Council’s decision is in line with its allocations policy. Therefore, we are unlikely to find fault with the Council’s decision.
The information the Council used to reach its decision Mr X did not come to the area until 2020 was a newspaper article. This article stated Mr X was living in another area in 2019. The Council explained it was entitled to consider this information as it was in the public domain.
Mr X’s complaint the Council used this information without his consent should be considered by the Information Commissioner’s Office. This is because this organisation deals with complaints about data handling.
With regards to the disrepair issues reported by Mr X, as the property is privately rented, the responsibility for the repairs lies with his landlord. However, the Council did inspect the property under the Housing Health and Safety Rating System (HHSRS). The inspection identified several hazards and the Council sent Mr X’s landlord a notice, in December 2022, outlining a schedule of works to be completed.
The Council gave the landlord two months to complete the repairs. This means the Council cannot consider taking any further enforcement action until mid-February. Therefore, we are unlikely to find fault with the action taken by the Council so far regarding the despair.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation. In addition, there is another body better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman