Summary: We will not investigate Mr X’s complaint about the Council’s handling of his homelessness application. There is not enough evidence of fault to justify investigating. If Mr X disagrees with the Council’s review decision, it is reasonable for him to use his right of appeal to the County Court.

The complaint

1. Mr X complains about the Council’s handling of his homelessness application. He says the Council wrongly refused him homelessness assistance and failed to review its decision upon request.
2. Mr X says the Council’s decision has caused him to remain in unsafe accommodation which has impacted his health and wellbeing. He wants the Council to reassess his application and provide him with suitable temporary accommodation.

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The Ombudsman’s role and powers

3. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. The County Court deals with appeals about homelessness decisions.

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How I considered this complaint

7. I considered information provided by Mr X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. In January 2026, the Council refused Mr X homelessness assistance because it decided his accommodation was suitable to occupy. Mr X then asked for a review of this decision. He complains the Council refused to review the decision.
10. The evidence I have seen shows the Council completed a review and sent Mr X the review decision in March 2026. While I acknowledge that Mr X says he did not receive this decision, we cannot say this was due to fault by the Council.
11. The review decision provides a right of appeal to the County Court. The Ombudsman is not an appeal body and cannot overturn or change decisions. If Mr X disagrees with the Council’s review decision, then it is reasonable for him to appeal to the County Court. The County Court has discretion to accept a late appeal in certain circumstances. Therefore, I will not investigate this complaint.

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Final decision

12. We will not investigate Mr X’s appeal because there is not enough evidence of fault and because it is reasonable for him to use his right of appeal.

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Investigator's decision on behalf of the Ombudsman