Summary: We will not investigate this complaint about the Council’s decision on a homeless application. Mrs X submitted a statutory review and she has pursued her right to appeal against the decision to the County Court.

The complaint

1. Mrs X complained about the Council’s decision to end its homelessness duty because it says she made herself intentionally homeless. She disputes the Council’s decision and want it to be overturned as she is currently in temporary accommodation which may be ended soon by the Council.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Mrs X submitted a homeless application not the Council in 2023. The Council made enquiries about her case and accepted the homelessness Relief duty and provided temporary accommodation.
6. In 2024 the Council completed its investigation and issued a ‘minded to’ decision that Mrs X was intentionally homeless. Mrs X asked for a review of the decision under s.202 of the Housing Act 1996. The Council reviewed her case but decided to uphold the decision that she was intentionally homeless because she lost her previous settled accommodation through her own actions.
7. The review decision informed her of the right to appeal to the County Court to challenge the decision. Mrs X says she has been accepted by a solicitor and is on a list for legal aid to go through with the appeal. The Council has extended her temporary accommodation on a weekly basis but could end it in future after a ‘reasonable time’ because it has ended its homelessness duty to her.
8. I can find no fault in the Council’s investigation of Mrs X’s homelessness case. She was given the review and appeal rights available under the legislation and she has pursued them. The Ombudsman cannot overturn a decision made by a council on homelessness because we would expect someone to use the review and appeal procedure to challenge these decisions.

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Final decision

9. We will not investigate this complaint about the Council’s decision on a homeless application. Mrs X submitted a statutory review and she has pursued her right to appeal against the decision to the County Court.

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Investigator's decision on behalf of the Ombudsman