Summary: We will not investigate this complaint about the Council’s decision regarding Mr X’s homelessness. This is because it carried a right of appeal to a county court which it was reasonable for him to use.

The complaint

1. Mr X complains the Council failed to properly consider his vulnerability and carry out a person-centred assessment of whether he was in priority need, when he applied to the Council as homeless.
2. Mr X said as a result he has been caused significant distress and not received the housing support that he should have.

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The Ombudsman’s role and powers

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)

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How I considered this complaint

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

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My assessment

Homelessness law and guidance

6. A council must secure interim accommodation for an applicant and their household if it has reason to believe the applicant may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188)
7. If a council is satisfied an applicant is unintentionally homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)
8. Examples of applicants in priority need are:
• people with dependent children;
• pregnant women;
• people who are vulnerable due to serious health problems, disability or old age;
• care leavers; and
• victims of domestic abuse.
9. Applicants may request a review within 21 days of being notified of the decision that they are not in priority need. Applicants may ask a council to provide accommodation pending the outcome of a review. Councils have a power, but not a duty, to accommodate certain applicants and members of their household. (Housing Act 1996, sections 188(3), 199A(6), 200(5))
10. Once the Council has issued its review decision, if the applicant disagrees on a point of law they can appeal to the county court. (Housing Act 1996, sections 202, 203 and 204)

My findings

11. Mr X applied to the Council as homeless and said he had experienced abuse in his last property and was vulnerable due to several medical conditions. However the Council decided Mr X was not in priority need.
12. Mr X requested a statutory review of this decision and the Council agreed to accommodate him while it carried out the review. The Council issued its review decision in January 2026 and upheld that he was not in priority need. It informed him of his county court appeal rights if he disagreed.
13. Mr X complained to the Ombudsman as he said the Council failed to properly consider his vulnerability and failed to carry out a person-centred assessment. However the question of whether Mr X should have been considered in priority need is one which carried a right of appeal to a county court. The county court was the appropriate route to resolve this dispute and it was reasonable for Mr X to use it. Because of this, we will not investigate this complaint further.

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Final decision

14. We will not investigate Mr X’s complaint because this carried a court appeal right which it was reasonable for him to use.

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Investigator's decision on behalf of the Ombudsman