The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s decision to end their main housing duty towards her. Miss X had the right to seek a review within 21 days and then appeal to the county court against the Council’s decision.
The complaint
Miss X complains the Council ended their main housing duty towards her after she rejected two offers of accommodation. She says the accommodation offered was not suitable because of her child’s medical needs.
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 further investigation would not lead to a different outcome, or 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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council informed Miss X they were ending their main housing duty because Miss X had rejected two offers of suitable temporary accommodation. The Council advised Miss X she had a right to request a review of this decision within 21 days.
Miss X did not request a review until after this timeframe and the Council rejected the late review request. The Council explained it considers late review requests on a case-by-case basis, but Miss X had provided no reason why she could not have requested a review sooner.
We will not investigate Miss X’s complaint. Miss X had the right to seek a review of the decision and appeal to the county court on a point of law if the review was unsuccessful. It would have been reasonable for Miss X to have requested a review of the Council’s decision within 21 days of the decision.
Final decision
We will not investigate Miss X’s complaint. Miss X had the right to seek a review within 21 days and then appeal to the county court against the Council’s decision.
Investigator's decision on behalf of the Ombudsman