The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decisions on a homelessness application. It is reasonable for Mr X to ask for a review and appeal the revised decision which has not yet been issued.
The complaint
Mr X complained about the Council’s decision to reject his application as being homeless on the grounds that he is ineligible for the statutory duty. The Council has issued a not eligible decision since he complained to us and it has quashed this on review.
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 it would be reasonable for the person to ask for a council review or appeal.
Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council refused to accept a homelessness duty for him when he approached it in 2024 due to the unsuitability of the shared accommodation which he occupied. The Council rejected his homeless application when it concluded that he was ineligible for assistance under the Housing Act 1996. Mr X made a formal complaint and when this process was exhausted complained to us.
Mr X submitted a review of the decision under s.202 of the Act and the Council decided to quash its decision and reconsider it subject to new information about Mr X’s immigration status being provided. Both the final homelessness decision and the review decisions were issued after Mr X complained to us.
Mr X is due a new homelessness decision once he has provided the information the Council has asked him for. If this decision is negative he will have a right to a further review under s.202 and then appeal rights to the County Court. It is reasonable for him to pursue these rights depending on the outcome of the revised decision.
Final decision
We will not investigate this complaint about the Council’s decisions on a homelessness application. It is reasonable for Mr X to ask for a review and appeal the revised decision which has not yet been issued.
Investigator's decision on behalf of the Ombudsman