Source · LGO (Local Government & Social Care Ombudsman)

Basildon Borough Council

LGO (Local Government & Social Care Ombudsman) Other Reference 25-024-660 Sector Housing Category Homelessness Decided 26 August 2026

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Original decision on the LGO (Local Government & Social Care Ombudsman) website ↗

Full decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about the Council’s refusal to accept Miss X’s family have a social housing need and delays in providing support to prevent her homelessness. This is because there is insufficient evidence of fault by the Council.

The complaint

Miss X complains about the Council’s refusal to accept her family have a social housing need and are delaying providing support to prevent homelessness. Miss X says this has had a significant impact on her mentally and physically. She wants the Council to help her with securing 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 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 the complainant and the Council.

I considered the Ombudsman’s Assessment Code.

My assessment

In early January 2026, the Council decided Miss X did not meet the criteria for a joint housing application. The Council noted Miss X had approached it as homeless, but it had not accepted a homelessness duty at that stage because the section 21 notice had not yet been validated.

Later that month, as the section 21 notice was validated, the Council accepted it owed Miss X the prevention duty because she was threatened with homelessness. In March 2026, the Council accepted it owed Miss X the relief duty because it considered she was eligible for assistance and homeless. It offered Miss X temporary accommodation in May 2026.

There is insufficient evidence of fault by the Council. It explained why Miss X did not meet its housing criteria, and this was a decision the Council was entitled to make. The Council did not initially accept a statutory homelessness duty because the section 21 notice was not valid. Once the notice was validated, the Council accepted the relevant homelessness duties and took reasonable steps in line with the guidance.

Final decision

We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council.

Investigator's decision on behalf of the Ombudsman

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