Summary: We will not investigate this complaint about Ms X’s homelessness. It is appropriate for Ms X to continue using her legal review right.

The complaint

1. Ms X complains the Council had not helped her with housing when she is homeless. She reports she is therefore sleeping rough.

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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))

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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 complained to us because the Council would not give her accommodation. The Council is not providing accommodation because it has decided it does not have a legal duty to do that for Ms X. Ms X told us the Council had decided she was intentionally homeless. I have seen the Council’s homelessness decision letter, which does not say that. It says the Council does not believe Ms X is in ‘priority need’ as legally defined, so the Council has no duty to arrange housing.
6. Ms X’s complaint is essentially disagreement with the homelessness decision. An applicant who disagrees with a homelessness decision can ask the council to review the decision. (Housing Act 1996, section 202) Ms X’s solicitor has asked for a review. The review is now underway with a decision due by 12 May 2025. The law expressly provides this route for challenging such decisions and we normally expect people to use it. The Ombudsman is not an appeal body. Ms X is using her review right and has a solicitor to help her. In the circumstances it is not appropriate for the Ombudsman instead to become involved in reviewing the Council’s decision.
7. If the Council’s review decision is in Ms X’s favour, the Council will have a duty to arrange accommodation. If the review is unfavourable to Ms X, Ms X will have a right to appeal to the county court on a point of law.

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Final decision

We will not investigate Ms X’s complaint. It is more appropriate for the legal review process to decide if the Council owes Ms X a homelessness duty.

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Investigator's decision on behalf of the Ombudsman