Summary: We will not investigate Ms X’s complaint about a promise made in 2005 because we could not achieve a worthwhile outcome. We will not investigate concerns about the offer of unsuitable accommodation because Ms X has rights of review and appeal, and it is reasonable for her to exercise these.

The complaint

1. Ms X complained the Council has not honoured a promise made by an officer that she would get a secure tenancy after five years of occupation. Over twenty years later, she is unhappy she is being treated as a newly homeless person. Ms X also said the Council had made offers of housing that were unsuitable as they did not meet her medical needs.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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:

• 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))

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How I considered this complaint

5. I considered information provided by Ms X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

What happened

7. Ms X fled domestic abuse in 2005. She was offered her current property as temporary accommodation. She said the housing officer promised her she would get a secure tenancy after five years if she completed with the tenancy rules, which she has done. Ms X does not have anything in writing to confirm the promise, and the Council said her length of residence was not grounds for changing the tenancy type.
8. In May 2025, the Council confirmed it still owed her a main homelessness duty and in September 2025, in its complaint response, it confirmed it had carried out a medical assessment to determine her housing needs. The records Ms X provided also show Ms X now needs two bedrooms, reduced from three in 2005.
9. Ms X says the Council has offered properties that are unsuitable because they do not meet her medical needs. She told the Council she wanted a property of a decent size and similar to her current property.

My assessment

10. We will not investigate the Council’s offer of the current property in 2005. or the promise made at that time. The promise was not made in writing. It is unlikely we could establish what was said in 2005, even on balance, given the lapse of time and with the records available now. On that basis, we will not investigate further because we could not achieve a worthwhile outcome by doing so.
11. In relation to current offers of housing, whether it offers alternative temporary accommodation or long-term accommodation to end the homelessness duty, the Council must ensure the property offered is suitable. There is no indication the Council has sought to end its duty because Ms X has unreasonably refused a suitable offer. In any case, if Ms X disagrees with the Council’s view that a particular property is suitable, she can ask the Council to carry out a review of its suitability, following which there are court appeal rights. It would be reasonable for Ms X to use her rights of review and appeal if she does not consider a property offered is suitable.
12. For the reasons set out above, we will not consider the complaint further.

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Final decision

13. We will not investigate Ms X’s complaint about a promise made in 2005 because we could not achieve a worthwhile outcome. We will not investigate concerns about unsuitable properties being offered because Ms X has rights of review and appeal, and it is reasonable for her to exercise these.

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Investigator's decision on behalf of the Ombudsman