The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to determine a homelessness review within the required timescale. It was reasonable for Mr X to appeal to the court for a determination of the review.
The complaint
Mr X complained about the Council’s failure to complete a review request on the suitability of an offer of accommodation which it made in October 02024. He says the deadline for a response was December 2024 but the Council had failed to give him a determination by June 2025 when he complained to us. He says he is still homeless and the presume had caused his family to split in November 20204.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X was offered permanent accommodation under the Council’s homelessness duty in October 2024. He says it was unsuitable for his family and he refused the offer. He asked for a review of suitability under s.202 of the Housing Act 1996 part 7. A week later the Council told Mr X that it had discharged its homelessness duty due to the refusal of an offer.
The Council told Mr X that it would decide the review by December but it failed to do so. The Council asked for extensions to the deadline but it had failed to determine the review by May 2025 and in June it asked for a further extension but Mr X told it he was withdrawing the review and complaining to us.
Under the Housing Act 1996 provisions where a council fails to determine a review within the 8 weeks specified then they can appeal to the court under s.204 of the Act. Mr X could have used his appeal rights at the time and did not compalint to us until June 2025. We would expect someone to use the review/appeals procedure to challenge the Council’s actions.
Since November 2024 Mr X’s homelessness situation changed when his wife made a separate application in her own right. This will have an effect on Mr X’s own homelessness circumstances now that his household situation has changed from that date.
Final decision
We will not investigate this complaint about the Council’s failure to determine a homelessness review within the required timescale. It was reasonable for Mr X to appeal to the court for a determination of the review.
Investigator's decision on behalf of the Ombudsman