The Ombudsman's final decision
Summary: We will use our discretion not to investigate this complaint about the complainant’s housing situation because she could have used her appeal rights and could now make new applications.
The complaint
The complainant, Ms X, says the Council did not provide her with housing even though she is homeless and has health issues. Ms X wants the Council to help her find somewhere to live.
The Ombudsman’s role and powers
It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the homelessness review decision. I also considered our Assessment Code.
My assessment
Ms X made a homelessness application in 2023. The Council decided she was not in priority need and it did not owe her a homelessness duty. The Council upheld this decision in June 2024 and told Ms X she had 21 days to appeal to the court.
The Council told me Ms X does not have a live application to join the housing register.
I will not start an investigation because Ms X could have used her appeal rights in 2024. We have no power to house Ms X and we cannot decide if she should be accepted as homeless.
Ms X could make a housing application or, if her circumstances have changed, make a new homelessness application. It would be for the Council to assess each application and make a decision.
Final decision
We will not investigate this complaint because Ms X could have used her appeal rights and because there are fresh applications she could make.
Investigator's decision on behalf of the Ombudsman