Summary: Miss C complained the Council wrongly excluded her from joining the housing register and failed to provide suitable accommodation when she made a homelessness application. I have ended my investigation of Miss C’s complaint. We cannot investigate as she has sought a remedy by way of court proceedings. It also would not be appropriate to investigate any separable matters while the proceedings are ongoing.

The complaint

1. Mr B is representing his family member, Miss C. Miss C complains the Council wrongly excluded her from joining the housing register in 2023 and 2025 due to previous rent arrears and outdated information. She says the Council failed to consider the arrears accrued due to medical reasons and that the arrears were written off, and it failed to consider exercising its discretion to allow her to qualify for the housing register. Miss C also complains the Council failed to provide suitable accommodation when she made a homelessness application.
2. Miss C says as a result, she and her child remained living in a property where they were at risk of domestic abuse. She says she has also suffered distress, and she has been mentally, physically and financially impacted.
3. Miss C would like the Council to:
• Recognise its failings and apologise.
• Pay a financial remedy.
• Reverse its decision and allow her to join the housing register with a backdated award date.
• Correct any inaccurate records.
• Improve its service and amend its policies.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
6. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

7. I read Miss C’s complaint and spoke to Mr B about it on the phone.
8. I considered information provided by Miss C, Mr B and the Council as well as relevant law, policy and guidance.
9. Mr B and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Housing allocations

10. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))

The relief duty

11. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)

The main housing duty

12. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to make accommodation available (unless it refers the application to another housing authority under section 198). But councils will not owe the main housing duty to applicants who have turned down a suitable final accommodation offer or a Housing Act Part 6 offer made during the relief stage, or if a council has given them notice under section 193B(2) due to their deliberate and unreasonable refusal to co-operate. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Interim and temporary accommodation

13. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
14. A council must secure accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. This is called interim accommodation. (Housing Act 1996, section 188)
15. If a council is satisfied an applicant is unintentionally homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)
16. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. This duty applies to interim and temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)

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What happened

17. This is a summary of events outlining key facts and it does not cover everything that has happened in this case.
18. Miss C applied to join the Council’s housing register in 2023 and 2025. The Council’s decision was that Miss C did not qualify to join based on its allocations policy criteria. The Council told Miss C this was due to arrears at her previous private tenancy. It told her that in accordance with its allocations policy, rent arrears are a housing-related debt, which is considered unacceptable behaviour.
19. Miss C asked the Council for a review of its January 2025 non-qualifying decision. The Council maintained its position that she did not qualify to join the housing register due to the arrears. Miss C says the Council failed to consider her medical circumstances which contributed to the arrears accruing and her ability to manage her finances. The Council’s view is that there is no medical evidence which shows a clear correlation between Miss C’s medical circumstances and the non-payment of rent at the time, and her ability to manage her finances.
20. In March 2025, Miss C made a homelessness application to the Council. The Council accepted the relief duty and offered Miss C interim accommodation in the form of shared refuge accommodation, as she was fleeing domestic abuse. Miss C told the Council shared accommodation was not suitable for her. The Council’s view was the refuge accommodation was a suitable offer, and it told Miss C the offer remained available if she wished to accept it, should she feel that the property where she lived at the time was unsafe. The Council later accepted the main housing duty in October 2025, and Miss C moved into temporary accommodation.
21. Miss C brought her complaint to us about the matters outlined in paragraph 1, in September 2025.

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Analysis

22. During the enquiry stage of my investigation, the Council told us Miss C has started court action against it, and that the matters of this complaint are currently subject to active court proceedings. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate.
23. It is possible there may be associated matters that could remain within our remit, and which are separable to those raised by Miss C through legal proceedings. But, it would not be appropriate for us to become involved at this time, while there is ongoing legal action about closely related matters. An investigation by us might overlap with matters to be decided, or matters that could be decided, by the court as part of the ongoing proceedings.
24. As such, I have ended my investigation of Miss C’s complaint.

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Decision

25. I have ended my investigation and do not uphold Miss C’s complaint. We cannot investigate Miss C’s complaint as she has sought a remedy by way of court proceedings. It also would not be appropriate for us to investigate any separable matters while the proceedings are ongoing.

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Investigator's decision on behalf of the Ombudsman