Summary: We cannot investigate Ms X’s complaint about the Council’s handling of her homelessness case prior to February 2025 because she has taken court action. We cannot investigate later events at this stage because the law says the Council must have the chance to comment before we can consider investigating.

The complaint

1. Ms X complained the Council had not resolved her homelessness since February 2024. Ms X said, despite the Council accepting its original decision was flawed, it is not assisted her. As a consequence, she says she and her child have been sofa surfing and have endured multiple moves.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

Events in 2024

7. The Council offered Ms X a property out of its area to end its homelessness duty in February 2024. Ms X refused the offer, and the Council ended its homelessness duty. Ms X asked for a review of the decision. The Council carried out a review and upheld the original decision in July 2024. It explained Ms X could appeal to the county court on a point of law and Ms X did so. In February 2025, the court case was concluded by consent on the basis the Council had agreed to withdraw its decision to end the relief duty.

Events in 2024 – my assessment

8. It was reasonable for Ms X to start court action to challenge the Council’s decision. Since she had court appeal rights that she exercised, we cannot investigate the period to February 2025 when the court case ended.

Events in 2025

9. In July 2025, the Council wrote to Ms X to say that, after a thorough review of her case, it had decided the review decision (March 2024) should be withdrawn. It said a new officer had been allocated and would contact Ms X to discuss her situation. Ms X complained the case had not been progressed since.
10. The law says we cannot investigate unless the Council has had a chance to respond. The Council told us it had not received a complaint from Ms X. It is therefore necessary for Ms X to make a formal complaint to the Council. If she remains unhappy at the end of the Council’s complaints process, she can make a fresh complaint to us about the period from February 2025 onwards.

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Final decision

11. We cannot investigate Ms X’s complaint about events prior to February 2025 because she has taken court action.

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Investigator's decision on behalf of the Ombudsman