Summary: We cannot investigate this complaint about the outcome of Mr X’s homeless application. This is because the law does not allow us to investigate matters that were subject to court proceedings. Nor will we investigate the Council’s handling of Mr X’s housing register review. This is because it is a late complaint and we will not exercise discretion to consider it because Mr X has not provided any good reasons why it could not have been brought to us sooner.

The complaint

1. Mr X complained about the Council’s decision to end its homeless duty towards him, because he believed the property offered was unsuitable. Additionally, Mr X complained about the Council’s decision to remove him from the housing register as well as their handling of his request for a review. Mr X states this has worsened his health.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

7. In September 2023, the Council ended its homeless duty towards Mr X. In October 2023, Mr X appealed the decision. In January 2024, the Council upheld its decision and rejected his appeal.
8. Mr X pursued the matter through the courts appealing the outcome. Therefore, as outlined in paragraph three, we cannot investigate this aspect of his complaint.
9. In October 2023, Mr X was removed from the housing register. In November 2023, Mr X states he applied for a review of the decision. Mr X did not hear back from the Council. In July 2025, Mr X made a Stage One complaint to the Council asking about delay in assessing his review request. In October 2025, the Council replied that it could not find his original review request. In November 2025, Mr X complained to the Ombudsman.
10. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
11. I will not investigate this complaint because it is a late complaint. I acknowledge the Council may not have responded to Mr X in time, but I am not satisfied, this is a good enough reason for Mr X not to have raised the matter with us earlier. And certainly within 12 months of the concern arising.

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Final decision

12. We will not investigate part of this complaint because Mr X has already used an alternative legal remedy and the law does not allow us to investigate in those circumstances and the other part of the complaint is now late.

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Investigator's decision on behalf of the Ombudsman