The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision Miss X was intentionally homeless. It was reasonable for her to use her statutory right of appeal to the county court.
The complaint
Miss X complained the Council decided she was intentionally homeless and denied her the right to a review of its decision. She said this had led to her being homeless, and resulting impacts on the family’s health and finances. She wanted the Council to house the family.
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
Miss X told the Council she was homeless in 2024. The Council issued her a decision saying she was intentionally homeless and it would not therefore house her family. Miss X asked for a review and the Council issued its review decision. This upheld the original decision, and explained Miss X’s right of appeal to the county court within 21 days.
Miss X says the agency supporting her lost its funding. She did not appeal to the court. She says when she asked the Council about appealing at a later date, it told her she could not appeal as the 21 days for doing so had passed.
Where a person has a statutory right of appeal, we will not normally investigate the matter instead. It was open to Miss X to seek legal advice at the time to appeal to the county court. We are not an appeal body, and the courts are best placed to consider the matter. Legal aid is available for homelessness appeals.
It was for the court, not the Council, to decide whether to accept a late appeal, and it was open to Miss X to seek permission from the court. The reasons she has given for not appealing at the time do not justify us investigating the matter instead and are, in any event, arguments for the court to consider rather than the Ombudsman.
Final decision
We will not investigate Miss X’s complaint because it was reasonable for her to use her statutory right of appeal to the county court.
Investigator's decision on behalf of the Ombudsman