The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s handling of her homelessness application. If Miss X disagrees with the Council’s review decision, it is reasonable for her to use her right of appeal to the County Court.
The complaint
Miss X complains about the Council’s handling of her homelessness application and would like the Council to reconsider its decision.
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)) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) The County Court deals with appeals about homelessness decisions.
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 September 2025, the Council refused Miss X homelessness assistance because it decided her accommodation was suitable to occupy. Miss X then asked for a review of this decision. She complains the Council failed to properly review the decision.
The Council completed a review and sent Miss X the review decision in November 2025. The review explains the reasons why the original decision was upheld.
The review decision provides a right of appeal to the County Court. The Ombudsman is not an appeal body and cannot overturn or change decisions. If Miss X disagrees with the Council’s review decision, then it is reasonable for her to appeal to the County Court. The County Court has discretion to accept a late appeal in certain circumstances. Therefore, I will not investigate this complaint.
Final decision
We will not investigate Miss X’s complaint because it is reasonable for her to use her right of appeal.
Investigator's decision on behalf of the Ombudsman