London Borough of Southwark (25 003 811)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 01 Oct 2025
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council’s handling of her homelessness application. In relation to the parts of the complaint we could consider, it is unlikely that further investigation would lead to a worthwhile outcome.
The complaint
- Ms X complained the Council had failed to properly assess and respond to her housing needs when she became homeless due to domestic abuse. She said there were delays in progressing her application and poor communication. She complained unsuitable temporary accommodation had been arranged and that the Council had not taken her safety concerns or medical conditions seriously.
- Ms X said she suffered heightened anxiety and a deterioration in her mental health due to her concerns being ignored and unsuitable housing offered. She said she suffered emotional exhaustion from having to keep repeating her story.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
- 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)
- 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:
- there is not enough evidence of fault to justify investigating, or
- further investigation would not lead to a different outcome, or
- it would be reasonable for the person to ask for a council review or appeal; or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
What happened
- Ms X contacted the Council in late 2023 after the perpetrator of domestic abuse discovered where she was living. At this point she was staying in a refuge. Council records indicate she wanted to stay in a particular area close to her support network and was worried that accepting temporary accommodation might mean that was not possible.
- The Council accepted a main housing duty in April 2024.
- Ms X told us she had problems with her temporary accommodation and the Council delayed responding to her concerns. Around that time, the perpetrator found her again and she had to move. She was offered alternative accommodation, which she refused because she said was unsuitable, and we have considered her complaint about that separately.
- She told us the temporary accommodation she was living in at the time she complained to us was suitable, although I note she did raise some concerns with the Council about the agent entering her flat to leave a letter without her knowledge or consent. The Council contacted the agent, who disputed this, and there was insufficient evidence about what had happened for it to take further action. It set out clearly the arrangements for any future visits to the property.
- Ms X also complained to the Council about telephone calls not being returned and emails being ignored, for which the Council apologised.
- Ms X also raised concerns about her priority on the housing register. At the time, she was in band 3 with a homeless priority star. The Council had carried out a medical assessment in July 2024 but did not award medical priority. Ms X subsequently bid successfully for a property through the housing register that she has since moved to. Her complaint about the offer of that property has been considered separately.
My assessment
- Ms X complained to us in June 2025. We usually expect people to complain to us within 12 months of the events complained about. There is no evidence Ms X could not have complained earlier about the period from late 2023 to May 2024. There are no good reasons for deciding to investigate that period now and it is unlikely that doing so would lead to a worthwhile outcome, given the lapse of time. In addition, I have not seen evidence Ms X has complained to the Council about that period.
- The Council accepted a main homelessness duty in April 2024. From that point, Ms X would have had a statutory right to a review of the suitability of any temporary accommodation provided. It was reasonable for her to exercise her rights or review and appeal if she had concerns. In any case, I have not seen evidence that she complained to the Council about accommodation between July and September 2024, and it is unlikely we could achieve a worthwhile outcome by investigating this now.
- The Council responded appropriately to the concerns she raised about the temporary accommodation provided from November 2024 and there is no indication this was legally unsuitable for her.
- Ms X complained about her difficulties in contacting the Council and getting responses. The Council has apologised, which was appropriate, and further investigation is unlikely to lead to a different outcome.
- Ms X also raised concerns about her priority on the Council’s housing register in her complaint to the Council in February 2025. I note the Council carried out a medical assessment in July 2024. Ms X would have had the right to ask for a review of its decision not to award medical priority at that time and it was reasonable for her to do so. A band 3 award, on the basis she was homeless, was in line with the Council’s published allocations scheme, so there is insufficient evidence of fault to justify investigating further.
- Ms X’s complaint about the property offered in May 2025 has been considered separately.
Final decision
- We will not investigate Ms X’s complaint because further investigation is unlikely to lead to a different outcome.
Investigator's decision on behalf of the Ombudsman