London Borough of Enfield (25 005 581)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 30 Sep 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to end its housing duty to Miss X. This is because Miss X has a right of review of the Council’s decision, it would be reasonable for her to use it.
The complaint
- Miss X complained the Council decided to end its housing duty to her when she refused its accommodation offer.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by the Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X was in temporary accommodation with her children when the Council made her an offer of private rented accommodation. The Council told Miss X that if she did not accept the offer, it would consider her intentionally homeless and end its housing duty to her. The Council advised Miss X to accept the offer and ask for a review of its suitability if she was unhappy with the property, to ensure she did not become homeless.
- Miss X decided to decline the offer as she did not want to move out of her local area where she provides care for a relative. The Council told Miss X it was ending its housing duty to her and she could ask for a review of its decision if she was unhappy.
- Miss X has brought the complaint to us as she is unhappy with the Council’s decision. The Ombudsman will not usually exercise discretion to investigate cases where the complainant has a right of review and it would be reasonable for them to use it. In this case Miss X has been made aware that she can ask for a review of the Council’s decision, it is open to her to exercise this right.
Final decision
- We will not investigate Miss X’s complaint because Miss X has a right of review of the Council’s decision, it would be reasonable for her to use it.
Investigator's decision on behalf of the Ombudsman