Summary: We will not investigate this complaint about Ms X’s housing. This is because the complaint in part carries an appeal right which it was reasonable for Ms X to use and in part, we cannot achieve any worthwhile outcome through further investigation.

The complaint

1. Ms X complains the Council has:
1. Failed to provide her with suitable temporary accommodation;
2. Failed to give her sufficient priority award on its housing register; and
3. Failed to process dual housing benefit for her permanent home and her temporary accommodation when she fled domestic abuse.
2. Ms X said as a result, she has been without suitable accommodation for a prolonged period, is being evicted from her permanent property due to rent arrears and has been caused distress. Ms X wants the Council to provide her with settled accommodation in an area where she is safe from domestic abuse.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
4. 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)
5. 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

Complaint 1a) failed to provide suitable temporary accommodation

8. The Council offered Ms X temporary accommodation in August 2025 because she was homeless due to domestic abuse. Ms X asked the Council to carry out a s.202 suitability review of the temporary accommodation it offered her as she said it was not suitable.
9. The Council carried out its review and decided the accommodation was suitable. It informed Ms X of her right to appeal to a county court if she disagreed with its decision. It was reasonable for Ms X to use this court appeal right and so, in line with our role and powers set out at paragraph four, we will not investigate this part of the complaint further.

Complaint 1b) failed to give her sufficient priority award on the housing register

10. Ms X complained to us on 3 February 2026 that she was in the wrong priority band. She had asked the Council for a banding review request a few days earlier. The Council completed its review of Ms X’s banding several months later, in June 2026.
11. Unlike homelessness, reviews of decisions about allocations on the housing register do not carry a county court appeal right, so the Ombudsman can consider whether these types of reviews have been carried out in line with relevant law and policies. However we should not do so in this case.
12. In the six-month period between Ms X’s banding review request and the Council’s review decision, events moved on significantly. This included a new incident of domestic abuse and eviction proceedings. There is therefore no worthwhile outcome achievable by us investigating the Council’s June 2026 review decision as this only related to her housing needs as they appeared in January 2026, when Ms X requested the review. As Ms X’s housing situation has changed so much since then, we will not investigate this part of the complaint further.
13. We can consider a complaint about how the Council dealt with Ms X’s more recent issues once the Council has had the opportunity to respond to that complaint through all stages of its complaints process.

Complaint 1c) Failed to process dual housing benefit

14. Ms X complained to the Ombudsman that when she fled her permanent home due to domestic abuse, the Council failed to process a dual housing benefit claim so she could pay rent on both her temporary accommodation and her permanent property at the same time. Ms X says as a result she is in arrears and is being evicted.
15. As outlined in paragraph three of this decision, councils must be given an opportunity to respond to a complaint before the Ombudsman considers it. We can consider this issue regarding dual housing benefit once it has completed all stages of the Council’s complaints procedure.

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Final decision

16. We will not investigate Ms X’s complaint because it in part carried an appeal right which was reasonable to use and in part because there is no more worthwhile outcome achievable through further investigation.

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Investigator's decision on behalf of the Ombudsman