London Borough of Southwark (25 014 505)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 12 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to end its homeless duty towards Miss X. This is because Miss X had an appeal right, and it would have been reasonable for Miss X to use this appeal right to the County Courts.
The complaint
- Miss X complained about the Council’s decision to end its homeless duty towards her, because she believed the property was unsuitable. Miss X states this has worsened her health.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In July 2025, Miss X was evicted from her property. The Council offered her an alternative property, as temporary accommodation, under their main housing duty. Miss X declined citing suitability of the property.
- The Council assessed Miss X’s claim that the property was unsuitable and were satisfied that the property was suitable for her household. Therefore, discharged their homeless duty as a result. Miss X requested a statutory review.
- In January 2026, the Council reviewed the decision and a determined that the property was suitable for Miss X’s needs and upheld the initial decision to discharge their homeless duty. The Council set out how she could appeal to the courts if she disputed that decision.
- Miss X is disputing Council’s grounds for finding the property suitable and seeking for this decision to be overturned. We will not investigate, because the law provides Miss X a right of appeal to the County Courts about the Council’s homelessness decision. And it would be reasonable to expect her to use this right of appeal, particularly because we cannot overturn the Council’s decision.
Final decision
We will not investigate the Council’s decision to end its homelessness duty to Miss X. This is because Miss X had a right of appeal and it would be reasonable to expect her to use it.
Investigator's decision on behalf of the Ombudsman