Summary: We will not investigate this complaint about the Council’s decisions on Mr X’s homeless and housing applications. It was reasonable for him to challenge these decisions by way of a statutory review and further appeal to the County Court in the case of the homeless decision.

The complaint

1. Mr X complained about the Council’s decision that he is not eligible for assistance under the Council’s homelessness duty under the Housing Act 1996. He also complains that his application to the housing register has been assessed incorrectly and he should have been awarded Band 1 priority instead of Band 3.

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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)

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How I considered this complaint

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

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My assessment

6. Mr X applied to the Council as homeless in 2024. He had already submitted a housing application to the housing register and was awarded provisionally Band 3. The Council wrote to him in April and informed him that it had no duty to assist him with his homelessness claim because he was ineligible due to his immigration status. Mr X says the decision was wrong and complained to the Council and to us.
7. The Council’s homelessness decision letter gave Mr X advice on how to seek a review under s.202 of the Housing Act 1996 if he wished to challenge the decision. The Ombudsman cannot overturn a decision made by a council on a homelessness application. We would expect someone to use the review and appeal procedure for its decision that they were not eligible for assistance under s.185 of the Housing Act 1996.
8. Mr X also complained about the banding of his housing register application. The Council was considering new information he had provided when it responded to his complaint but advised him that he did not meet the threshold for Band 1. If he wanted to challenge the banding or if the Council deleted his application he has a right to a statutory review under s.166A of the housing Act 1996 and it would be reasonable for him to pursue this.

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Final decision

9. We will not investigate this complaint about the Council’s decisions on Mr X’s homeless and housing applications. It was reasonable for him to challenge these decisions by way of a statutory review and further appeal to the County Court in the case of the homeless decision.

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Investigator's decision on behalf of the Ombudsman