Summary: We will not investigate this complaint about the Council’s decision on Mr X’s homelessness application. It was reasonable for him to challenge the review decision by appealing under the Housing Act 1996 provisions.

The complaint

1. Mr X complained about the Council’s decision to refer him to the council where he denies having a connection following his homelessness application. He says the owed him a duty under the Housing Act 1996 to provide interim accommodation under the Relief duty and should not have referred him to another authority.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X applied to the Council as homeless in 2025 following a breakup with his partner who is the mother of his two children. The Children were previously living with their mother but after Mr X was told to leave the home he subsequently became the main carer of the children.
6. After accepting Mr X under the homelessness Relief duty, the Council sent him a decision under s.198 informing him that he had no local connection and that he was referred to Redbridge Council where there was evidence of previous addresses. That authority accepted Mr X and his children under the Relief duty and so the Council ended its own Relief duty. The decision letter gave Mr X details of his review rights under s.202 of the Housing Act 1996 Part 7.
7. Mr X complained to us in September 2025 because he had not received a response to his review request. The Council issued its s.203 review initial ‘minded to’ decision in early December and Mr X provided further information about his claims to a local connection. The Council issued a final review decision on 2 February and it confirmed the original decision that he should be referred to Redbridge Council which had accepted his application. The decision letter advised Mr X about his right of appeal to the County Court under s.204.
8. The Ombudsman cannot overturn a decision on a homelessness application and we would expect someone to use the review/appeal rights offered by the homelessness legislation. Mr X used the review procedure and he was advised about his further appeal rights.

Back to top

Final decision

9. We will not investigate this complaint about the Council’s decision on Mr X’s homelessness application. It was reasonable for him to challenge the review decision by appealing under the Housing Act 1996 provisions.

Back to top

Investigator's decision on behalf of the Ombudsman