London Borough of Lewisham (25 005 642)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 02 Oct 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to pay a remedy for a previous compalint to the Ombudsman. There is insufficient evidence of fault which would warrant an investigation.
The complaint
- Miss X complained about the Council failing to pay an agreed remedy for her previous complaint which was decided in October 2024. She also says the Council ended its homelessness duty to her unreasonably following an offer of accommodation which she says she did not receive.
The Ombudsman’s role and powers
- 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
- we cannot achieve the outcome someone wants, or
- 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))
How I considered this complaint
- I considered information provided by the complainant’s representative and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to us in 2024 about the Council’s failure to properly assess her homelessness application and unsuitable temporary accommodation. We upheld the complaint and the remedy included a payment of £2,700 and an additional payment of £300 for each additional month in the unsuitable accommodation (case reference 24002976).
- Miss X says that she did not receive the payment from the Council. We were contacted by the Council following the decision in January 2025 and it informed us that it could not make contact with Miss X through emails or by phone for her to complete the BACS payment form. Miss X’s representative subsequently complained to us and the Council confirmed that it had sent her the form for Miss X to complete.
- Shortly after the remedy was issued in October 2025 the Council made Miss X an offer of permanent accommodation and discharged its homelessness duty. As she was no longer considered to be homeless the onus to pay for the unsuitable accommodation no longer applied. We advised the representative that she could ask for a review of the decision to discharge the homelessness duty which carries a further appeal to the courts.
Final decision
- We will not investigate this complaint about the Council’s failure to pay a remedy for a previous compalint to the Ombudsman. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman