Summary: We will not investigate this complaint about the Council’s decision on a homeless application by Mr X. It was reasonable for him to submit a statutory review request and pursue an appeal to the court if it is unsuccessful.

The complaint

1. Mr X complained about the suitability of his current housing association accommodation because he says he has problems with neighbours. He says the Council should move him to alternative accommodation. He submitted a homeless application to the Council because he days it is unreasonable to remain in his accommodation but the Council decided he was not homeless.

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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 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))

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)
4. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council’s response.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says his current sheltered housing association accommodation is unsuitable because most other tenants are elderly with conditions and attitudes which make them abusive to him. He has made complaints about his neighbours to his landlord and it accepted that it failed to properly investigate his complaints promptly. It offered some compensation and referred him to the Housing Ombudsman service in September 2024.
8. We cannot investigate complaints about social housing landlords and the recommendation to complain to the Housing Ombudsman service was appropriate.
9. Mr X submitted a homeless application in 2024 because he says that it is unreasonable for him to continue occupying his current tenancy. The Council considered him under the homelessness Relief duty but ended the duty when it decided that he is not homeless.
10. Mr X challenged the homelessness decision asking for a statutory review under s.202 of the Housing Act 1996 in October 2024. He complained to us before the Council had issued a review decision. The s.202 review process includes a right to appeal any review outcome to the County Court within 21 days. Mr X was legally represented and it is reasonable for him to use this remedy if the review is unsuccessful.

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Final decision

11. We will not investigate this complaint about the Council’s decision on a homeless application by Mr X. It was reasonable for him to submit a statutory review request and pursue an appeal to the court if it is unsuccessful.

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Investigator's decision on behalf of the Ombudsman