Bury Metropolitan Borough Council (25 014 566)

Category : Housing > Homelessness

Decision : Closed after initial enquiries

Decision date : 19 Apr 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s handling of Mr X’s homelessness application because there is insufficient evidence of fault which would warrant an investigation.

The complaint

  1. Summary: Mr X complained about the Council’s handling of his homelessness application. He says he experienced homophobia, racism and dismissive behaviour and was refused an updated housing plan in accordance with the Housing Act 1996, Disability discrimination Act and Equality Act of 2010.
  2. Mr X says he was involved in a severe accident abroad in October 2020, resulting in physical disability and ill mental health that left him unemployed. Mr X returned to the UK in July 2025 and says that he experienced miscommunication from the Council and was left homeless.
  3. Mr X wants the Council to grant him high priority housing, an apology and compensation for the alleged abuse he experienced.

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The Ombudsman’s role and powers

  1. 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 not enough evidence of fault to justify investigating; or
  • further investigation would not lead to a different outcome; 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

  1. I considered information provided by the Complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X first approached the Council on 29 November 2024. The Council explained that they were unable to accept his homelessness application as he was not living in the UK at the time of his referral. They explained that the upon his return, his eligibility for assistance would be subject to a habitual residence assessment in accordance with the Section 184 of the Housing Act 1996. It is unlikely an investigation would find fault with this part of the complaint as there is no evidence to suggest that the Council discriminated against Mr X by refusing to acknowledge his British Citizenship status.
  2. The Council made a second Duty to Refer on 11 July 2025, upon Mr X’s return to the UK in July 2025. They arranged an appointment for 22 July 2025, and his homelessness assessment started immediately. Mr X was placed into the prevention duty in accordance with the Homeless Reduction Act 2017.
  3. Mr X says the Council were not willing to help him find alternative accommodation to prevent him from becoming homeless when he was required to leave his parents’ home on 16 September 2025 and upon his discharge from hospital.
  4. The evidence shows that the Council remained in regular contact with Mr X and that when he was first discharged from hospital on 24 July 2025, they ensured that he had immediate arrangements to reside in his parents’ home until 16 September 2025.
  5. The evidence shows that the Council accepted their "Relief Duty" on 12 September 2025, prior to him being required to leave his parents’ home, and took reasonable steps to help Mr X secure accommodation.
  6. Mr X was admitted to hospital again in October 2025, the evidence shows that upon his discharge on 19 November 2025, he was immediately placed in temporary accommodation. It is unlikely that any investigation would find fault with the Council’s handling of Mr X’s homelessness application, and there is insufficient evidence of fault to justify us investigating further.
  7. There is no evidence that Mr X was subjected to homophobia, racism or disability discrimination. Evidence supplied by the Council shows that Mr X has a Personal Housing Plan in place dated 5 February 2026 and was placed in temporary accommodation on 19 November 2025, with consideration to his disability needs. He was listed as priority need and the Council accepted the "Main Housing Duty" towards him on 23 January 2026, after Mr X’s complaint to us.

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Final decision

  1. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the Council’s conduct or decision-making to justify our involvement.

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Investigator's decision on behalf of the Ombudsman

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