Milton Keynes Council (25 022 989)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 20 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council’s decision on her homelessness application. This is because it was reasonable for Ms X to use her rights of review and appeal.
The complaint
- Ms X complained about the Council’s decision she was not eligible for help with her homelessness. Ms X disagrees with the Council’s reasons for turning down her application, which she feels was unfair.
The Ombudsman’s role and powers
- 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 it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X left the UK with her child after a relationship breakdown. She returned to live with her family abroad. The following year, Ms X returned to the UK with her child and applied to the Council for homelessness assistance.
- The Council refused Ms X’s application. It said she was not eligible because she had not satisfied habitual residency requirements. The Council issued Ms X a decision letter setting out her review rights.
- We will not investigate this complaint. The Council informed Ms X of her right to appeal in its decision letter. We normally expect people to use their right to review homelessness decisions and then appeal to court. There is no good reason Ms X could not have appealed.
Final decision
- We will not investigate this complaint because it was reasonable for Ms X to have used her right of review.
Investigator's decision on behalf of the Ombudsman