Summary: I have decided to end my investigation. This is because Mr X has appealed the Council’s section 202 review decision to the Court and I cannot investigate a complaint subject to court action.

The complaint

1. Mr X complained about how the Council handled his housing case. Notably, Mr X complained about the suitability of the temporary accommodation offered by the Council.
2. Mr X said the Council’s actions caused his physical and mental health to become worse and caused severe distress. He wants the Council to pay him compensation and provide him the right support. He also wants the Council to ensure the same does not happen to other people.

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The Ombudsman’s role and powers

3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

6. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
7. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Homelessness Legislation and statutory guidance

8. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities set out councils’ powers and duties to people who are homeless or threatened with homelessness.
9. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them to continue to live there. (Housing Act 1996, Section 175)

Threatened with homelessness – definition

10. Someone is threatened with homelessness if, when asking for assistance from the council on or after 3 April 2018:

• they are likely to become homeless within 56 days; or
• they have been served with a valid Section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5)

Assessments and Personal Housing Plans

11. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent homelessness. Councils must notify the applicant of the assessment. Councils should work with applicants to identify practical and reasonable steps for the council and the applicant to take to help the applicant keep or secure suitable accommodation. These steps should be tailored to the household, and follow from the findings of the assessment, and must be provided to the applicant in writing as their personalised housing plan. (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)

The prevention duty

12. If a council is satisfied an applicant is threatened with homelessness and eligible for assistance, it must take steps to help the applicant keep their home or find somewhere new to live. In deciding what steps to take, a council must have regard to its assessment of the applicant’s case. (Housing Act 1996, section 195)

The relief duty

13. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)

The main housing duty

14. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to make accommodation available (unless it refers the application to another housing authority under section 198). But councils will not owe the main housing duty to applicants who have turned down a suitable final accommodation offer or a Housing Act Part 6 offer made during the relief stage, or if a council has given them notice under section 193B(2) due to their deliberate and unreasonable refusal to co-operate. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Review rights

Homeless applicants may request a review within 21 days of being notified of the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.

Review timescale and right of appeal

15. Councils must complete a review of the suitability of accommodation within eight weeks of the request. This can be extended if the applicant agrees in writing.
16. The council must advise applicants of their right to appeal to the county court on a point of law, and of the period in which to appeal. Applicants can also appeal if the council takes more than the prescribed time to complete the review. (Housing Act 1996, sections 202, 203 and 204)

What happened

17. I have summarised below the key events; this is not intended to be a detailed account.
18. In the middle of March 2025, Mr X went to the Council’s office and made an emergency homelessness application. The Council accepted a relief duty under s184 and s189A Housing Act 1996 and said Mr X was homeless and eligible for assistance. The Council completed an assessment and personalised housing plan for Mr X and provided him with temporary accommodation. Mr X accepted the offer of temporary accommodation and moved in. The Council explained the plan will remain in place for 56 days but the Council can end this early if Mr X refuses a suitable offer of accommodation.
19. In early June 2025, the Council said the relief duty had ended and it had accepted a main housing duty.
20. Mr X did not consider his temporary accommodation was suitable and applied for a section 202 review in the middle of July 2025.
21. Mr X complained to the Council in late July 2025. The Council closed Mr X’s complaint because he had also requested a review of the suitability of temporary accommodation which it said was the correct process to challenge its decision.
22. The Council completed a section 202 review in August 2025 and found Mr X’s temporary accommodation was not suitable for his needs. It said it would look for alternative accommodation for him.
23. In late September 2025, Mr X complained to the Ombudsman about how the Council had handled his housing case.
24. In early November 2025, the Council offered Mr X an alternative temporary accommodation placement which it considered was suitable for his needs. The Council explained it could discharge its housing duty if Mr X refused a suitable offer of alternative temporary accommodation. It also explained to Mr X he could ask for a review. Mr X refused the offer of alternative temporary accommodation.
25. In the middle of November 2025, the Council wrote to Mr X and said following his refusal of a suitable offer, it had discharged its housing duty.
26. In early December 2025, Mr X asked the Council for a section 202 review.
27. In the middle of February 2026, the Council completed its section 202 review. The Council was satisfied the new accommodation was suitable for Mr X’s needs and the decision to end the housing duty towards Mr X was correct because of his refusal of temporary accommodation.
28. At the beginning of March 2026, Mr X told the Council he had appealed to the County Court to challenge the Council’s s202 review decision.
29. In early April 2026, the Council retracted its s202 decision to end the main housing duty and said it would review the case and make a new decision. The Council asked Mr X to withdraw his court appeal whilst it reviewed the decision.
30. Mr X replied in late April 2026 and said he would not withdraw his appeal.

Analysis

31. In his complaint to me, Mr X said he did not feel the Council took his complaint about the suitability of housing seriously. When Mr X complained, he had already asked for a section 202 review which was dealing with the matter. The Council therefore closed his complaint. The section 202 review was the correct way of challenging the Council’s decision on housing. I do not find the Council at fault.
32. Mr X was not satisfied with the Council’s section 202 review about the suitability of the temporary accommodation and challenged the Council’s decision through the Court. Mr X has not withdrawn his Court appeal. As Mr X has appealed to the Court, only the Court can consider this matter. This prevents the Ombudsman from being able to investigate.
33. Since appealing to the Court, the Council agreed to carry out a further review of Mr X’s temporary accommodation. It is appropriate to wait for the outcome of this further review before the Ombudsman investigates.

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Decision

I have ended my investigation.

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Investigator's decision on behalf of the Ombudsman