The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s discharge of its housing duty to Mr X. This is because the complaint falls outside our jurisdiction as Mr X had appeal rights to the county court which we would reasonably expected him to have used.
The complaint
The complainant, who I refer to as Mr X, complains about the Council’s discharge of its housing duty following an offer of accommodation which it considered suitable.
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 Mr X, including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
In discharge of its housing duty to Mr X under the homelessness legislation, the Council offered Mr X accommodation.
Mr X sought a review on the suitability of the offered accommodation. The Council reviewed its decision but confirmed the accommodation was suitable and that having refused the offer, it had discharged its housing duty to Mr X.
Mr X was aware he had appeal rights to the courts if he had wanted to challenge the Council’s decision. As we would reasonably expected him to have used these rights, his complaint falls outside our jurisdiction and will not be investigated.
Final decision
We will not investigate Mr X’s complaint because the complaint falls outside our jurisdiction as Mr X had appeal rights to the county court which we would reasonably expected him to have used.
Investigator's decision on behalf of the Ombudsman