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Birmingham City Council (25 015 079)

Category : Housing > Homelessness

Decision : Not upheld

Decision date : 31 May 2026

The Ombudsman's final decision:

Summary: Ms D complains about the Council’s handling of her housing register and homelessness applications. The complaint is premature because she had not completed the Council’s complaints process. I have ended the investigation.

The complaint

  1. The complainant (whom I refer to as Ms D) says the Council mishandled her housing register and homelessness applications in 2025. She states the Council used third party data in error when assessing her case and failed to provide her with support and services.

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The Ombudsman’s role and powers

  1. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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What I have and have not considered

  1. Ms D’s complaint primarily referred to issues with her housing, in particular a housing register application and homelessness application both made in February 2025. For that reason her case has been categorised as a housing case. I have considered whether we are able to investigate her complaint about these issues.
  2. Ms D also has a complaint about Adult Social Care and has completed the two stage complaint process with the Council. I have advised Ms D she will need to submit a new complaint to the Ombudsman specifically about the Adult Social Care issues if she wants to pursue this matter.

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How I considered this complaint

  1. I considered evidence provided by Ms D as well as relevant law, policy and guidance.
  2. I shared my draft decision with both parties and spoke to Ms D.

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What I found

  1. In February 2025 Ms D made a housing register application to the Council. She also approached the Homelessness Team because she had received an eviction notice and had to leave her home in March.
  2. In May the Council told Ms D she was not eligible to join the housing register and explained she could ask for a review of the decision. It is unclear whether Ms D received a formal decision from the Council about her homelessness application.
  3. Ms D has told me she made a telephone complaint about a data breach issue to the Council in June. In that complaint she referred to the handling of her two applications that year. Ms D says the Council subsequently informed her it had failed to log the complaint. In July an Officer said the complaint could now be logged and considered, Ms D decided not to pursue matters because she had lost trust in the Council.
  4. The Ombudsman expects a complaint to be made to the Council and for the two stage process to be completed before we will investigate in most instances. Ms D has also not used the review process to challenge any decisions made about her applications which we would usually expect a complainant to use before coming to us. Having taken account of the facts of the case I consider the complaints about the housing register application and the homelessness applications are premature and it is reasonable for Ms D to pursue the complaints process with the Council. If she remains dissatisfied once she has the Council’s response, she can bring her case to the Ombudsman. I am ending the investigation.

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Decision

  1. I have ended the investigation because Ms D’s complaint is premature.

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Investigator's decision on behalf of the Ombudsman

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