The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr X’s homelessness. The complaint is not about the Council’s administrative functions, so the law prevents us investigating it.
The complaint
Mr X complains about the approach of the government and “the system as a whole” to the circumstances that resulted in him and his family needing housing.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended)
How I considered this complaint
I considered information provided by the complainant and copy complaint correspondence from the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
This complaint arises from the circumstances in which Mr X and his family found themselves homeless. To protect Mr X’s anonymity this statement does not give details of that background.
Mr X’s complaint to the Ombudsman does not allege any fault in how the Council has carried out its homelessness responsibilities towards him. He states the complaint is more about the actions of the government for not changing the law and the provision of public services for people who need housing and other services in the circumstances affecting Mr X’s family.
Mr X’s correspondence with the Council also said he understood the Council had done its best and he had “…no issue with how my housing officer did her job…”. Instead, Mr X expressed dissatisfaction with “the system as a whole.”
Mr X is entitled to his opinion about how the government should act and about what arrangements there should be for circumstances such as his. However, dissatisfaction with the law and overall system as it currently exists is not a complaint about an administrative function of the Council. Therefore, as paragraph 2 explained, we cannot investigate the complaint.
Mr X states he needs “a platform or a procedure” to escalate his situation to a level higher than the Council. However, it is not the Ombudsman’s role to advocate to the government or to other organisations on behalf of complainants. Nor can we investigate or comment on whether the law and broader system of public services within which the Council operates is properly serving Mr X or others who find themselves homeless for the same reason as Mr X.
Final decision
We will not investigate Mr X’s complaint because the law prevents us investigating complaints that are not about the Council’s administrative functions.
Investigator's decision on behalf of the Ombudsman