Summary: We will not investigate this complaint about the Council’s decision to end its homelessness for a homelessness application. It was reasonable for Mr X to exercise his right to appeal against the Council’s decision following its review of the case.

The complaint

1. Mr X complained about the Council’s decision to end its homelessness duty to him following his refusal of a reasonable offer of accommodation. He says he rejected the Council’s offer of a 10th floor flat because he has a fear of heights and this would cause him anxiety. He wants the Council to withdraw its decision and re-instate his application.

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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))

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

3. I considered the information provided by the complainant and the Council’s responses.
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 and was accepted under the main housing duty. In 2025 he was offered a final offer of accommodation in a council property on the 10th floor. He refused the offer because he said it was unsuitable due to his having a fear of heights and that he was concerned about failure of the lift.
6. The decision letter advised Mr X of his right to seek a review of the decision under s.202 of the Housing Act 1996 Part 7. Mr X asked the Council for a review, and this was carried out in March 2025. The review upheld the original decision to end the homelessness duty and told Mr X about his rights to appeal the decision to the County Court within 21 days if he wished to challenge it.
7. We cannot overturn a council’s decision on a homelessness application and it was reasonable for Mr X to appeal to the court if he believed the decision was flawed.

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Final decision

8. We will not investigate this complaint about the Council’s decision to end its homelessness for a homelessness application. It was reasonable for Mr X to exercise his right to appeal against the Council’s decision following its review of the case.

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Investigator's decision on behalf of the Ombudsman