Summary: We will not investigate this complaint about the Council’s homelessness decision on Mr X’s application in 2023. It was reasonable for him to ask the Council for a review of its decision on his case in 2023.

The complaint

1. Mr X complained about the Council’s decision that he was intentionally homeless in 2023 when he submitted an application. He says that the Council failed to take his circumstances into account and that he has since provided new information form a health visitor without this altering his housing priority.

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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))

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How I considered this complaint

3. I considered the 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 applied to the Council as homeless in June 2023 as he was sleeping at a friend’s home which he says was unsuitable. The Council accepted the relief homelessness duty and issued a housing plan whilst it made enquiries about his case. The Council issued a list of documents which Mr X needed to provide relating to his housing circumstances and his children’s residence arrangements.
6. The Council issued a ‘minded to’ decision that he would be intentionally homeless unless the requested information was received. It also issued a warning letter explaining the procedure for discharging any duty under the Housing Act 1996 where the applicant did not co-operate with the Council’s enquires. These letters also referred to the applicant’s rights to seek a statutory review of any homeless decision under s.202 of the Act.
7. The Council says Mr X did not submit the required information and in August 2023 it subsequently made a decision that he was intentionally homeless and ended the relief duty.
8. It was reasonable for Mr X to challenge the decision on his case in 2023 by asking for a review. If he had complained to us at this time we would have advised him to do so. S.202 reviews carry further appeal rights to the County Court.
9. Mr X did not complain to us until June 2024. By this time his homeless circumstances were being considered again due to new information provided with his application. Since he complained to us Mr X was accepted for the homelessness relief duty and offered interim accommodation. In September the Council says it accepted him for the main homelessness duty which means it will have to provide temporary accommodation until suitable housing is offered.

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Final decision

10. We will not investigate this complaint about the Council’s homelessness decision on Mr X’s application in 2023. It was reasonable for him to ask the Council for a review of its decision on his case in 2023.

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Investigator's decision on behalf of the Ombudsman