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 Mr X to ask the Council to review its decision under s.202 of the Housing Act 1996 Part 6.
The complaint
Mr X says he is due to become homeless because he has been issued with a notice to quit by his private landlord due to a possession order on the property. He says the Council told him it has no duty to house him under the homelessness legislation due to his immigration status. It has refused to offer temporary accommodation and he says he will be homeless on the streets
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’s homelessness decision.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he has been given notice to quit the room he rented privately because the landlord has been served with a possession order. He presented to the Council as homeless and the Council issued a decision on his application. It sent him a decision under s.184 of the Housing Act 1996 which confirmed its view that the Council has no housing duty towards him due to his immigration status. It says he is not employed and has no relatives resident or right to reside in the UK.
The Council gave Mr X information about how to ask for a review of the decision in its s.184 decision letter. We cannot overturn a decision made by a council on a homelessness application. If a council has told someone it has no duty to provide assistance under the legislation we would expect someone to use the review and appeal procedure offered in the housing acts.
The Council explained the review procedure to Mr X and it was reasonable for him to seek help to ask for a review if he was unable to do so himself. There is a further right of appeal to the County Court if a review is unsuccessful.
Final decision
We will not investigate this complaint about the Council’s decision on a homelessness application. It was reasonable for Mr X to ask the Council to review its decision under s.202 of the Housing Act 1996 Part 6.
Investigator's decision on behalf of the Ombudsman