Summary: We will not investigate Mr X’s complaint about the Council’s handling of his homeless case. He says the Council has ended its duty and has stopped paying for his accommodation. This is because it would be reasonable for Mr X to ask the Council to review its decision. Following this, if Mr X is unhappy with the Councils’ review decision, he has the right to appeal to the county court.

The complaint

1. Mr X complains about the Council’s handling of his homeless case. He says the Council has ended its duty and has stopped paying for his accommodation.

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The Ombudsman’s role and powers

2. 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 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))
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In February 2024, the Council issued a decision that it did not owe Mr X the main housing duty as he had become intentionally homeless.
7. The Housing Act 1996 gives homeless applicants a right of review about councils’ key decisions on their homelessness application. This includes a decision that a council does not owe the main housing duty because the person is intentionally homeless.
8. The Council’s letter clearly noted Mr X could request a review of this decision. It is reasonable for Mr X to use his right of review.
9. Once Mr X receives the Council’s review decision, if he is unhappy with the decision and wishes to challenge it, he would have the right to appeal to the county court. It would be reasonable for him to use his right of appeal.

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Final decision

10. We will not investigate Mr X’s complaint because it would be reasonable for Mr X to ask the Council to review its decision. Following this, if Mr X is unhappy with the Councils’ review decision, he has the right of appeal to the county court.

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Investigator's decision on behalf of the Ombudsman