The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision on a homelessness application. It was reasonable for the complainant to ask for a review of its decision and she has now done so. She will have further rights of appeal if the review is not successful.
The complaint
Mrs X complained to the Council about the Council’s failure to rehouse her after being in temporary accommodation for 20 months. The Council made her ab offer of accommodation shortly after her compalint but she refused it and has now submitted a review request under s.202 of the Housing Act 1996.
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)) 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 the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says she was in temporary accommodation for 20 months without an offer of permanent accommodation despite her bidding every week. There is no timescale for when a council might re-house someone under its main housing duty as this is dependent upon sufficient vacancies occurring in the public and private sectors.
Shortly after she complained to us Mrs X was offered a property but turned it down because she says it was unaffordable. The Council then ended its main housing duty under the Housing Act 1996 because it said she had refused a reasonable offer and it would end the duty to provide temporary accommodation.
Council decisions on homelessness are subject to rights of review under s.202 of the Act and further appeal rights. Mrs X has submitted a review request and the Council is currently considering it. If the review is unsuccessful she will have further rights of appeal to the County Court.
Final decision
We will not investigate this complaint about the Council’s decision on a homelessness application. It was reasonable for the complainant to ask for a review of its decision and she has now done so. She will have further rights of appeal if the review is not successful.
Investigator's decision on behalf of the Ombudsman