The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision the property it offered Ms X’s family was suitable and to end the main housing duty. It was reasonable for Ms X to use her statutory right of appeal to the county court. The court may now accept a late appeal.
The complaint
Ms X complained the Council wrongly ended its main housing duty to her family after they became homeless. She said the property was unsuitable for her family. She saif the Council’s actions had made the family homeless and had caused significant distress. She wanted the Council to accept a duty towards the family again and provide suitable accommodation.
The Ombudsman’s role and powers
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
Ms X requested a review of the Council’s decisions relating to: the suitability of accommodation it offered the family; and ending the main housing duty.
The Council issued a response at the end of July 2025. This explained Ms X’s statutory right of appeal to the county court.
Where a statutory right of appeal exists, we normally expect people to use it. There is no reason in this case for us to consider a complaint about the matter instead.
We are not an appeal body and the court is best placed to consider the matter. Legal aid is available for this process. It was reasonable for Ms X to use her right of appeal within the 21 day timescale the law provides. However, the court may accept a late appeal now. It is open to Ms X to seek legal advice without delay.
Final decision
We will not investigate Ms X’s complaint because it was reasonable for her to use her statutory right of appeal to the county court on a point of law.
Investigator's decision on behalf of the Ombudsman