Summary: We will not investigate this complaint about the Council’s decision that Mr X is intentionally homeless. It was reasonable for him to appeal against the review decision on his case if he disagreed with it.

The complaint

1. Mr X says he is faced with street homelessness following the Council’s discharge of its homelessness duty and advice that it will end the interim accommodation he was provided with.

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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 or appeal.

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

3. 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

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

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My assessment

6. Mr X says the Council closed his homelessness application in November 2024 when it told him he was intentionally homeless. It told him that he had lost access to his accommodation because he had breached a non-molestation order against him which applied to his joint tenancy with his wife. Mr X asked for a review of the decision under s.202 of the Housing Act 1996 part 7.
7. The Council concluded the review in February 2025 and it upheld the original decision to end the homelessness duty because he was intentionally homeless. The review decision letter made it clear that he could appeal the decision to the County Court within 21 days if he disagreed with it.
8. We cannot overturn a council’s decision on a homelessness application. There is a procedure under the legislation which allows a review and appeal route and Mr X has already used the review available. It was reasonable for him to appeal against the deciosn if he still disagrees with it.

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Final decision

9. We will not investigate this complaint about the Council’s decision that Mr X is intentionally homeless. It was reasonable for him to appeal against the review decision on his case if he disagreed with it.

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Investigator's decision on behalf of the Ombudsman