The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his homelessness application. It was reasonable for him to use his right of appeal to the County Court.
The complaint
Mr X complains about the Council’s when he approached them as homeless. He specifically complains the Council failed to accept an application and then accepted the wrong homelessness duty and refused to provide him with interim accommodation.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) The County Court deals with appeals about homelessness decisions.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X approached the Council as homeless but the Council failed to take an application from him because he lived in another Borough.
Mr X complained and the Council accepted it had acted with fault and set up a meeting to help complete his application.
Mr X’s application stated the temporary accommodation in the other Borough was unsuitable because there was mould and rising damp. He also said it was overcrowded.
The Council issued a decision stating Mr X was eligible but was not homeless or threatened with homelessness. The letter explained what steps the Council had taken to deal with the mould and damp. The letter explained Mr X’s review rights.
Mr X asked for a review. The Council refused the review providing further information about why the accommodation Mr X currently resided was suitable. The letter informed him of his appeal rights.
The Council's review decision carried a right of appeal to the County Court on a point of law. The Ombudsman is not an appeal body and cannot overturn or change decisions. If Mr X considered the review decision was wrong, it was reasonable for him to use his right of appeal to the County Court. I have seen no evidence to suggest it was unreasonable for him to appeal. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because it was reasonable for him to use his right of appeal to the County Court.
Investigator's decision on behalf of the Ombudsman