London Borough of Southwark (24 020 573)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 06 May 2025
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council’s decision to end its housing duty. There is a right of appeal to the county court which it is reasonable for her to use.
The complaint
- Ms X complains about a Council decision to end its housing duty to her following her refusal of a housing offer. She says the Council did not make her aware of its one offer policy before she refused the property. She wants the Council to make her another offer of housing.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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
- The Council’s housing policy states it will make homeless applicants one offer of suitable housing.
- Miss X approached the Council as homeless in 2024. The Council accepted it had a duty to relieve her homelessness and placed her in temporary accommodation.
- The Council made Ms X a direct offer of permanent housing in July 2024. Ms X refused the offer, as she said the property was not suitable.
- Ms X requested a suitability review. The Council reviewed her case but upheld its decision that the property it had offered Ms X was suitable. As Ms X had refused the offer of the property, it discharged its housing duty towards her.
- It told Ms X that if she disagreed with the decision, she had a right of appeal to the county court.
- We will not investigate this complaint. Only a court can overturn a council’s decision to end a housing duty. Ms X has a right of appeal to the court and it is reasonable for her to use it.
Final decision
- We will not investigate Ms X’s complaint because she has a right of appeal to the county court and it is reasonable for her to use it.
Investigator's decision on behalf of the Ombudsman