The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision Mr X is intentionally homeless. It is reasonable for him to use his right to appeal the matter to the county court.
The complaint
Mr X complained about the Council’s decisions: to move him to unsuitable interim accommodation in a different council’s area; he was intentionally homeless; to remove him from its housing register and serve him an eviction notice from his interim accommodation; and not to assess and meet his care and support needs.
Mr X said the matter has caused him significant distress, and he faces homelessness. He wanted the Council to accommodate him in extra care housing.
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) The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Right of appeal to county court on a point of law Mr X has a statutory right of appeal to the county court for the Council’s decision he is intentionally homeless. It is normally reasonable for people to use their appeal rights. We are not an appeal body, and the courts are best placed to consider such decisions.
The reasons Mr X states for appealing are matters that can be appealed to the court as they relate to points of law. Legal aid is available for people who cannot afford representation, and Mr X also has a family member who can provide him support to appeal.
There is not a good reason for us to consider the matter instead of the courts. We will not investigate complaint b) above, which is about the Council’s decision Mr X is intentionally homeless.
Complaint c) above (the Council’s decision to remove Mr X from its housing register and serve him an eviction notice from his interim accommodation) is a direct result of its decision he was intentionally homeless. Should Mr X’s county court application be successful, these decisions would be reviewed. We will therefore also not consider these matters.
The Council has the power to provide accommodation to Mr X pending the outcome of the review decision, and it is open to him to ask it to consider this.
Matters within our jurisdiction but which are premature We cannot consider complaints unless we are satisfied a council has been given the opportunity to consider and respond to them first.
Complaints a) and d) are matters we may be able to investigate. Mr X and his family member have discussed these matters with the Council, but they have made no formal complaints about them.
It is open to Mr X to complain to the Council about its decisions to move him to unsuitable interim accommodation in a different council’s area and not to assess and meet his care and support needs. It is then open to him to bring a new complaint to us when he receives a final response, or if he has not received a final response within 12 weeks of complaining.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to appeal the Council’s decision he is intentionally homeless to the county court on a point of law.
Investigator's decision on behalf of the Ombudsman