Summary: We will not investigate this complaint about the Council’s decision to end its homelessness duty. It was reasonable for Miss X to ask for a review of the decision and she has now done so.

The complaint

1. Miss X complained about the Council’s decision to end its homelessness duty in 2024 after it said she had ceased to occupy temporary accommodation and had bene absent from the UK for 3 months.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X complained about the Council’s decision to end its homelessness duty to her and cancel her temporary accommodation in 2024. She says it terminated her accommodation without proper consultation and that she is now homeless and living with her sister.
6. The Council says Miss X abandoned the temporary accommodation and returned to her home country for 3 months. It only found this out when it was due to make an offer of accommodation but she could not be contacted. Her children were placed in social services care following a safeguarding action and her accommodation was cancelled because she was not in occupation and had been absent from the UK for months.
7. The Council discharged its homelessness duty in 2024 and this gave Miss X rights to ask for a review of the decision when she returned. Miss X has submitted a review under s.202 of the Housing Act 1996 part 7. If her review is unsuccessful she will have a further right of appeal to the County Court under s.204.
8. It was reasonable for Miss X to ask for a review of the Council’s decision under the homelessness legislation and she has now followed the review/appeal procedure.

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Final decision

9. We will not investigate this complaint about the Council’s decision to end its homelessness duty. It was reasonable for Miss X to ask for a review of the decision and she has now done so.

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Investigator's decision on behalf of the Ombudsman