The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s decision that she is intentionally homeless. The Council is currently completing a statutory review of its decision. If Ms X is unhappy with the outcome, she can appeal to the county court.
The complaint
Ms X complains about the Council’s decision to end its homelessness duty towards her as she is intentionally homeless. She wants the Council to change its decision and provide her with suitable housing.
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 information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate this complaint. Mr X has asked the Council to review its decision, and the Council is in the process of doing this. It has extended Ms X’s accommodation whilst the review is taking place.
If Ms X is dissatisfied with the review outcome, there is a right of appeal to the county court which is reasonable for her to use. The county court would be the appropriate body to review the Council’s decision.
Final decision
We will not investigate Ms X’s complaint because the Council is currently completing a statutory review and if Ms X is dissatisfied with the outcome, it is reasonable for her to take the matter to court.
Investigator's decision on behalf of the Ombudsman