Summary: We will not investigate Mrs X’s complaint about the Council’s assessment of her homelessness application. This is because the Council has agreed to apologise to Mrs X, pay her £300 and progress her current homelessness application without further delay. Therefore, an investigation by us would not be proportionate.

The complaint

1. Mrs X complains the Council did not properly act on her 2023 homelessness application and did not give her a decision after it closed her application. She says the Council also failed to progress her current homelessness application.
2. Mrs X says the Council’s actions have caused her and her family to remain living in unsuitable housing.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. In mid-2023, Mrs X applied as homeless. The Council began making inquiries into whether it owed her any homelessness duty. The Council later closed Mrs X’s application because it had not obtained sufficient evidence about Mrs X’s claimed homelessness. The Council did not send Mrs X a decision letter about the closure of her application or tell her about her review rights.
8. Section 184 of the Housing Act 1996 provides that where a Council has a duty to make inquiries into an applicant’s homelessness, then it must issue a written decision about what, if any, further duty it owes. The letter must give reasons for a decision not in favour of the applicant. It must also inform the applicant of their review rights and the relevant timescale in which to ask for a review.
9. In early 2025, Mrs X complained to the Council about its failure to notify her about the closure of her 2023 homelessness application. In response, the Council said it would reassess her application. However, to date the Council has not progressed Mrs X’s application further. Whilst there is no legal timescale for when a council must complete its assessment of a homelessness application, we expect councils to act without undue delay.
10. If we were to investigate this complaint, it is likely we would find the Council at fault causing Mrs X injustice by:
• failing to issue Mrs X a decision letter about the closure of her 2023 homelessness application and provide her with information about her review rights, as required by section 184 of the Housing Act 1996; and
• its delay in reassessing Mrs X’s homelessness application.
11. We therefore asked the Council to consider remedying the injustice by:
1. apologising to Mrs X and giving her a symbolic payment of £300 to recognise the Council’s contribution to her avoidable uncertainty and missed opportunity to review the initial application;
2. progressing the current homelessness application and reaching relevant decisions without further delay; and
3. ensuring, by a staff briefing, staff training or changing procedures, that all applicants who meet the threshold for homelessness inquiries receive written decisions including their review rights.

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Agreed action

12. To its credit, the Council agreed to resolve the complaint and, to put things right, will complete:
• point a) within one month of today;
• point b) without undue delay; and
• point c) within two months of today.

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Final decision

13. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X and improving its service for others.

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Investigator's decision on behalf of the Ombudsman