The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s consideration of a homeless application. It was reasonable for Miss X to challenge the Council’s decision by way of a statutory review and court appeal.
The complaint
Miss X complained about the Council’s decision on her homeless application. She says the Council placed her in differ interim accommodation locations whilst it assessed her complaint and then told her she was not homeless and withdrew her accommodation.
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 information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X applied to the Council as homeless in 2024. The Council placed her in interim accommodation within its area and assessed her application.
The Council asked to provide details of her previous tenancy history and Universal Credit. It required this information from the department for Work and pensions but that body could not release information without her consent. The Council says it tried for a long period to obtain her consent and she did not attend an interview where her case was to be discussed.
The Council wrote to Miss X and informed her that she was not homeless because she had refused to co-operate with its assessment. Miss X asked for a review of the decision under s.202 of the Housing Act 1996. The Council completed the review in October 2024 and upheld its decision that she was not homeless. It advised Miss X that her interim accommodation duty had ended and she would no longer be accommodated.
Miss X has since left the interim accommodation. She has a right of appeal to the County Court on a point of law if she believes the Council’s decision was wrong and she wishes to challenge it.
Final decision
We will not investigate this complaint about the Council’s consideration of a homeless application. It was reasonable for Miss X to challenge the Council’s decision by way of a statutory review and court appeal.
Investigator's decision on behalf of the Ombudsman