Summary: We will not investigate Mr X’s complaint about the Council’s handling of his homelessness application and its management of his personal data. The Council is currently reviewing its housing decision and if Mr X is dissatisfied with the outcome, there is a right of appeal to the county court. The Information Commissioner’s Office is better placed to consider his complaint about data protection and access to information.

The complaint

1. Mr X complains about the Council’s handling of his homelessness application and that it has failed to provide him with safe housing. He also complains it disclosed his personal information without his consent and about its response to his subject access request.

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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:

• there is another body better placed to consider this complaint, 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))

3. 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)
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection or access to information. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X made a homelessness application in 2024 but the Council decided it did not owe him the main housing duty. Mr X appealed this decision to the county court on a point of law, and the court quashed the decision in April 2025.
8. The Council re-took the decision but decided again that it did not owe him the main housing duty. Mr X asked the Council to review this decision. The Council is currently completing the review and has told us the deadline to complete the review has been extended until the end of 2025, with the agreement from both parties.
9. We will not investigate this complaint. The Council is currently reviewing its decision and if Mr X disagrees with the outcome, he will have a further right of appeal to the county court which it is reasonable for him to use.
10. We will also not investigate Mr X’s complaint about data protection and the Council’s response to his subject access request. The Information Commissioner’s Office is the UK regulator for data protection and information rights and is better placed to consider his complaint about these matters.

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Final decision

11. We will not investigate Mr X’s complaint because its is reasonable for him to await the outcome of the Council’s review and if dissatisfied, he will have a right of appeal to the court. The Information Commissioner’s Office is better placed to consider his complaint about data protection and information rights.

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Investigator's decision on behalf of the Ombudsman