Summary: We will not investigate this complaint about the Council’s decision on a homelessness application and its ending of temporary accommodation provision. It was reasonable for Ms X to use the review/appeals procedure provided by the homeless legislation to challenge the Council’s decision.

The complaint

1. Ms X complained about the Council’s offer of unsuitable accommodation which resulted in it ending it homelessness duty to her when she refused the offer. She says her previous temporary accommodation was in disrepair and this has not been resolved even though the Council has ended its duty to her.

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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.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Ms X says the Council failed to ensure that the temporary accommodation which she was placed in was kept in a good state of repair in 2024. We investigated complaints about this matter in 2024 (case reference 2320861) and we will not consider the repair disputes further. This is because the Council ceased provision of temporary accommodation in December 2024 when it discharged its homelessness duty.
6. Ms X also complained about the Council discharging its homelessness duty because she says she was made an offer of accommodation too far away and so could not accept it. Anyone who wishes to challenge a council’s decision to end its homelessness duty has a right of review under s.202 of the housing Act 1996 Part 7. Ms X submitted a review request and this was ongoing when she complained to us. We cannot overturn a decision by a council on a homelessness application and we would expect someone to use the review and further rights of appeal available under the legislation.
7. The Council ended its duty to provide temporary accommodation and advised Ms X that she should report any disrepair which the private landlord has not addressed to the neighbouring council’s private housing team where her accommodation is located. This is because it has no further involvement with the landlord agency now that the accommodation provision has terminated.

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Final decision

8. We will not investigate this complaint about the Council’s decision on a homelessness application and its ending of temporary accommodation provision. It was reasonable for Ms X to use the review/appeals procedure provided by the homeless legislation to challenge the Council’s decision.

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Investigator's decision on behalf of the Ombudsman