Summary: We will not investigate Mr X’s complaint about the Council’s handling of their homelessness application. This is because it is reasonable to expect Mr X to use their legal review and appeal rights.

The complaint

1. In short, Mr X complains the Council failed to consider his homelessness application properly by deciding their family were not in priority need and ending its relief duty.
2. Mr X wants the Council to reconsider their application and provide housing assistance.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

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

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My assessment

6. The Council’s complaint correspondence says Mr X made a homelessness application in January 2026. The Council accepted a prevention duty in March 2026, accepted the relief duty in May 2026 after receiving a possession order, and carried out a vulnerability assessment also in May. The Council decided to issue a non-priority need decision in June 2026 and ended the relief duty on 30 June 2026.

7. Under section 202 of the Housing Act 1996, an applicant has the right to ask a housing authority to review certain homelessness decisions, including decisions about what homelessness duty is owed and decisions to end prevention or relief duties. The statutory guidance says that, where a section 202 request is made, the authority must review the relevant decision.
8. If the applicant remains dissatisfied after the section 202 review decision, or if the authority does not issue the review decision within the relevant time, section 204 of the Housing Act 1996 provides a right of appeal to the county court on a point of law. The county court may confirm, quash or vary the decision. Shelter’s legal guidance also explains that a county court appeal is generally the route to challenge an adverse homelessness review decision on a point of law
9. We will not investigate. This is because Mr X’s complaint issues can be explicitly addressed by way of their review rights, (that the Council has informed them of), therefore the restriction in paragraph 4 applies to their complaint. If the Council upholds its decision, Mr X will have the right to go to the county court on a point of law.
10. It is reasonable to expect Mr X to use their review rights and county court appeal rights if the Council does not overturn its decision on review. This is because the law expressly provides this route for their complaint issues.

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Final decision

11. We will not investigate Mr X’s complaint because it is reasonable to expect them to use their legal rights to request a review and if necessary appeal to court.

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Investigator's decision on behalf of the Ombudsman