The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision in 2020 to refuse housing assistance to the complainant. That is because it was not unreasonable to expect him to have used his review and appeal rights.
The complaint
The complainant, whom I shall refer to as Mr B, complained about the Council’s decision in 2020 to refuse him housing assistance.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
In September 2020 the Council wrote to Mr B to tell him it had decided he was not eligible for help with his housing problem. The Council told him he had the right to seek a review of its decision.
There is a statutory process a council must follow when dealing with homelessness applications. Mr B could have used his right to seek a review of the Council’s decision on his application if he thought it was wrong. If he then wanted to challenge the Council’s review decision on a point of law, he would have had the right to appeal to the county court. It is not unreasonable to expect Mr B to have used his review and appeal rights because this is the specific remedy the law provided. The county court has powers we do not have to confirm, quash or vary the Council’s decision. A complaint to us is not a substitute for the statutory right of appeal.
Final decision
We will not investigate Mr B’s complaint because it was not unreasonable to expect him to have used his review and appeal rights.
Investigator's decision on behalf of the Ombudsman