The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council ending its homelessness duty to Mr X. It was reasonable for him to ask for a statutory review of the decision with further rights of appeal to the court.
The complaint
Mr X complained about the Council evicting him from temporary accommodation after it ended it homelessness duty to him because he was considered to be intentionally homeless.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decided it would be reasonable for the person to ask for a council review or appeal.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained about the Council deciding that he was intentionally homeless and ending its s.193 main housing duty. The Council says that Mr X failed to make any payment for his accommodation leaving arrears of over £12,000. He also failed to co-operate with benefits and other agencies which tried to assist him. He did not provide information about his identity to make him eligible for further assistance.
Mr X had a right of review and appeal under s.202 of the Housing Act 1996 and he has exercised this right which was undergoing review when he complained to us. We will not investigate when it is reasonable to pursue a review with the Council and any subsequent right of appeal to a court or tribunal.
Final decision
We will not investigate this complaint about the Council ending its homelessness duty to Mr X. It was reasonable for him to ask for a statutory review of the decision with further rights of appeal to the court.
Investigator's decision on behalf of the Ombudsman