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 and appeal procedure to challenge the Council’s decisions.

The complaint

1. Mr X complained about the Council’s decision that he is non-priority homeless and that it has withdrawn the homelessness Relief duty which it had accepted for him. He says he is a vulnerable adult and wants the council to provide him with accommodation.

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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 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 2023. The Council accepted him under the relief duty and gave advice about where he might apply for single person’s accommodation. In December 2023 the Council wrote to Mr X and told him that he was non-priority homeless and that it had no main housing duty to provide accommodation.
7. Mr X asked for a review of the decision under s.202 of the Housing Act 1996. The Council carried out the review and in February 2024 advised him that it was upholding the original decision that he was non-priority homeless. The following day it wrote to him ending the Relief duty.
8. The Council’s review decision letter told Mr X that he had a right to challenge its decision to the County Court within 21 days. The letter ending the Relief duty also advises him of a further statutory right of review of this decision.
9. We will not investigate this complaint. It was reasonable for Mr X to pursue the review/appal procedure and he was notified of this appropriately by the Council.

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Final decision

10. 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 and appeal procedure to challenge the Council’s decisions.

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Investigator's decision on behalf of the Ombudsman