The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of Ms X’s homelessness application and its decision not to offer her properties within her preferred area. This is because the Council is currently considering her suitability review request. In addition, it is reasonable for Ms X to appeal once the Council has completed its review.
The complaint
Ms X complains about the Council’s handling of her homelessness application. She says the Council will not offer her any properties within her preferred area. She wants the Council to rehome her in her preferred area where she has a support network and is where her child’s school is.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Homeless applicants may request a review of the suitability of accommodation offered. Councils must complete a suitability of accommodation review within eight weeks of the date of the review request. This period can be extended if the applicant agrees in writing.
Ms X has asked the Council to review the suitability of the final offer of accommodation it made to her. This is the correct process to challenge the suitability, including the location of the accommodation, of the Council’s offer. The Council is currently considering Ms X’s review request.
If the Council maintains its decision that the property is suitable, or if the Council does not complete the review before the eight week deadline, Ms X may put in an appeal to the county court.
I find it is reasonable for Ms X to put in an appeal if needed. This is because it is the role of the courts, rather than the Ombudsman, to decide disputes about the suitability of accommodation offered in performance of the main housing duty
Final decision
We will not investigate Ms X’s complaint because the Council is currently considering her suitability review request. In addition, it is reasonable for Ms X to appeal once the Council has completed its review.
Investigator's decision on behalf of the Ombudsman