Summary: We will not investigate this complaint about the Council’s decision on a homelessness application. It was reasonable for Mr X to use the review/appeal procedure provided by the homelessness legislation.

The complaint

1. Mr X complained about the Council’s decision that he was not in priority need as a homeless applicant and would not be placed in temporary 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:

• there is not enough evidence of fault to justify investigating, or
• 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 2024 when he said he was living in his car. The Council accepted the application under the relief duty but shortly afterwards issued a non-priority homeless decision under s.184 of the Housing Act 1996 part 7. The Council says Mr X does not meet any vulnerability or special circumstances needs which would require it to provide interim accommodation.
6. The Council’s decision included advice on submitting a review within 21 days under s.202 of the legislation. Mr X did not pursue a review and appeal to the courts but subsequently made a formal complaint to the Council and to us.
7. We cannot overturn a decision by a council on a homelessness application. The Council had proper regard to the Homelessness Code of Guidance when making its decision and it was reasonable for Mr X to pursue a review under s.202. There are further rights of appeal to the County Court where someone uses the review procedure and is not successful.

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Final decision

8. We will not investigate this complaint about the Council’s decision on a homelessness application. It was reasonable for Mr X to use the review/appeal procedure provided by the homelessness legislation.

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Investigator's decision on behalf of the Ombudsman