Summary: We will not investigate this complaint about the Council’s decisions on a homelessness application. it was reasonable for Mr X to use the review/appeals procedure available under the legislation and he has now successfully overturned the Council’s decision at review.

The complaint

1. Mr X complained about the Council’s decision that he was non-priority homeless and that it did not owe any duty to provide accommodation for him. He says it failed to consider his medical needs for housing.

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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:

• there is not enough evidence of fault to justify investigating, or
• 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he applied to the Council as homeless and he provided medical support information which outlined his mental health and physical problems. The Council rejected his application in June 2025 and informed him that it considered him to be non-priority homeless. The decision letter advised him of his right to challenge the decision by way of a review under s.202 of the Housing Act 1996 Part 7. He applied for a review but also complained to us.
6. The Council upheld the review and overturned its original decision in September 2025 following his submission of further medical evidence. It has provided temporary accommodation for Mr X but he has challenged the suitability of the accommodation under a further s.202 review. We cannot consider the latest events which took place after Mr X complained to us. It will be reasonable for him to challenge any further review outcomes by exercising his right of appeal under s.204 of the legislation.
7. Mr X was given information by the Council on how to challenge its decision on his homelessness and he did so successfully. This is how the review/appeal provisions in the legislation were intended to operate and we will not consider the matter further.

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Final decision

8. We will not investigate this complaint about the Council’s decisions on a homelessness application. it was reasonable for Mr X to use the review/appeals procedure available under the legislation and he has now successfully overturned the Council’s decision at review.

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Investigator's decision on behalf of the Ombudsman