Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation. We will not investigate the Council’s review decision on the suitability of accommodation offered under its homelessness relief duty. It is reasonable for the complainant to appeal the decision to the County Court.

The complaint

1. Miss X complained about the Council’s failure to determine reviews about her housing application priority and the suitability of accommodation which it offered her under its homelessness relief duty. Since she complained to us the Council has issued the outcomes of both reviews. The Ombudsman’s role and powers

Back to top

How I considered this complaint

2. I considered the information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
3. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

4. Miss X says she was awarded Band C on the housing register following her submission of medical evidence in September 2024. She asked for the banding to be reviewed because she believed she deserved higher priority under the circumstances. The Council delayed processing the s.166A review which has an advisory timescale of 8 weeks. Following her complaint to us in April 2025 the Council issued its review decision in May.
5. The Council told her that since she submitted the medical information, she had accepted an offer of a private sector tenancy in a neighbouring borough in October 2024. Under the Council’s allocations policy, she no longer qualifies for the housing register because she is not resident within the borough.
6. Although the Council delayed issuing the review response, I do not consider that Miss X suffered any injustice from this delay. The outcome did not have any faults which caused her to be worse off or miss any housing opportunities because she was ineligible from when her circumstances changed. We may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas.
7. The Council also issued in May its initial response to Miss X’s review request about the suitability of the offer made to her under the homelessness relief duty and the ending of that duty. The Council’s ‘minded to’ initial assessment was that the accommodation was suitable for her needs and that she had not provided sufficient evidence which support her view it was not.
8. Miss X replied to the letter but in July the Council issued its final review decision which upheld its initial views. The decision letter advised Miss X of her right to appeal the review outcome to the County Court within 21 days under s.204 of the Housing Act 1996. That timescale is still active and Miss X should consider pursuing her appeal rights.
9. We will not investigate complaints about homelessness decision where it is reasonable to sue the review/appeal procedure offered by the legislation.

Back to top

Final decision

10. We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation. We will not investigate the Council’s review decision on the suitability of accommodation offered under its homelessness relief duty. It is reasonable for the complainant to appeal the decision to the County Court.

Back to top

Investigator's decision on behalf of the Ombudsman