Bedford Borough Council (24 017 427)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 17 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council’s decision on her homelessness application. If she disagreed with the decision, it was reasonable for her to request a review, and if she remained unhappy after the review, to appeal to the county court.
The complaint
- Ms X complained about a Council decision that she was not homeless or at risk of homelessness and so it would not provide her with housing support.
The Ombudsman’s role and powers
- 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))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X submitted a homelessness application to the Council. The Council considered her application including seeking advice and information from relevant agencies. It decided that she was not homeless or at risk of homelessness and so it would not provide her with housing support. It advised her she had a right to request a review of this decision.
- We will not investigate this complaint. If Ms X was dissatisfied with this decision, it was reasonable for her to request a review. If she remained unhappy following the review, there is a statutory right of appeal to the county court. It is reasonable for Ms X to use this right.
Final decision
- We will not investigate Ms X’s complaint because it was reasonable for her to request a review and, if dissatisfied with the outcome, to use her right of appeal to the county court.
Investigator's decision on behalf of the Ombudsman