Summary: We cannot investigate this complaint about the Council’s decision to discharge its homelessness duty. It was reasonable for Ms X to use the review and appeal procedure available under the homelessness legislation.

The complaint

1. Ms X says the council unreasonably closed her homelessness application when she refused an offer of temporary accommodation which she says was unsuitable. She says that she has been left with no accommodation and that her hosing register application was also ended when she refused the offer.

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The Ombudsman’s role and powers

2. 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)
3. We cannot investigate a complaint if someone has started court action about the matter. (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’s response.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X says the Council closed her homelessness case and her housing application when she refused to accept an offer of temporary accommodation in 2025. She says the accommodation was unsuitable for her needs due to her family circumstances. The Council advised her to accept the accommodation and then submit a review of suitability request but she rejected the offer and instead it discharged its homelessness duty.
7. Ms X submitted a review request under s.202 of the Housing Act 1996 part 7 to challenge the decision to discharge the homelessness duty. The review was not upheld and she lodged an appeal at the County Court under s.204 of the legislation.
8. We cannot investigate complaints where there was a right of appeal to a court or a tribunal available and the complainant has exercised that right.
9. Ms X’s housing application was cancelled when she refused the Council’s accommodation offer and moved in with her daughter. When an applicant’s housing circumstances change they are normally required to submit a change in circumstances application which reflects their new housing situation. She would need to inform the Council of her new housing circumstances and whether a new application is required.

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Final decision

10. We will not investigate this complaint about the Council’s decision to discharge its homelessness duty. It was reasonable for Ms X to use the review and appeal procedure available under the homelessness legislation.

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Investigator's decision on behalf of the Ombudsman