The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to discharge the main homelessness duty to Ms X. It was reasonable for Ms X to ask for a statutory review of the decision.
The complaint
Ms x complained about the Council telling her that it has discharged the main housing duty after she refused an offer of shared temporary accommodation. She says she is now faced with street homelessness because she has no accommodation.
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 decide 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
Ms X says she was offered temporary accommodation under the Council’s which she could not live in because of the communal lighting which remained on and affected her medical condition. The Council told her that it could not turn off the lighting for the safety and welfare needs of the other occupants. It offered her an alternative place in a refuge which she also finds is unsuitable.
The Council served a 14 -day notice on Ms X after she refused the offer of alternative accommodation and she asked for a review under s.202 of the Housing Act 1996. She complained to us with the aid of a local advice centre.
We will not investigate complaints where there is a right to a statutory review of a Council’s decision. It was reasonable for Ms X to ask for a statutory review and after we made enquiries about this the Council confirmed that the review had overturned the original decision to discharge its homelessness duty. Ms X’s main housing duty has been re-instated.
Final decision
We will not investigate this complaint about the Council’s decision to discharge the main homelessness duty to Ms X. It was reasonable for Ms X to ask for a statutory review of the decision.
Investigator's decision on behalf of the Ombudsman