The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s alleged failure to assist Mr X when he required housing assistance. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Mr X complained the Council failed to provide financial and practical support when he applied for housing assistance.
The Ombudsman’s role and powers
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.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X applied to the Council for housing assistance in 2023 after receiving a section 21 notice from his landlord, giving him 2 months’ notice to leave his property. The landlord also told Mr X he would provide him with a £5000 payment if he vacated within a certain timescale.
The Council accepted it had a prevention duty towards Mr X shortly after he applied and sent him a personal housing plan and details of a suitable property. The Council also sent him information explaining that for Mr X to receive financial assistance with his move, the Council would need to inspect the property first.
Mr X sourced a private property and asked the Council to attend a viewing with him the day before the viewing was booked for. The Council was unable to attend at short notice. Following this, Mr X sourced a private property that was suitable for him and asked the Council to provide financial assistance for rent and a deposit.
The Council told Mr X it would need to carry out an inspection which could delay his move in date and it would be better for Mr X to use his savings to cover these costs, rather than accrue a debt with the Council. Mr X later asked the Council for financial assistance with move in costs, but the Council was unable to assist as he had already booked and paid for the arrangements.
Mr X complained to the Council that it did not make him aware an inspection was necessary to receive financial assistance. He was also unhappy that no one had accompanied him to the viewing.
The Council investigated and did not uphold Mr X’s complaint. The Council’s records showed it had made Mr X aware an inspection was required several times throughout its contact with Mr X and that he had signed documents indicating he knew this. The Council also explained that he had not asked for support to view private properties.
Mr X remains unhappy with the Council’s actions and wants us to find the Council at fault. Based on the evidence seen so far, the Council has advised Mr X in line with the correct guidance and legislation. It attempted to provide suitable accommodation and its reasons for being unable to provide financial support or attend the viewing with Mr X are reasonable. An investigation would therefore be unlikely to result in finding fault with the Council’s actions.
Final decision
We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman