The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision that he is not homeless or threatened with homelessness. This is because it was reasonable for him to ask the Council for a review.
The complaint
Mr X complains about the Council’s decision that he is not homeless or threatened with homelessness. He says the Council did not properly consider his circumstances and vulnerabilities in its decision.
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))
How I considered this complaint
I considered information provided by Mr X.
I also considered the Ombudsman’s Assessment Code.
My assessment
The Council’s decision provided Mr X a right of review. The review request must have been made within 21 days of the Council’s decision.
If Mr X disagreed with the Council’s decision, then it would have been reasonable for him to ask for a review. I have seen no evidence that he has done so. If he was unsuccessful on review, he would have had a further right of appeal to the County Court on a point of law.
As it was reasonable for Mr X to ask the Council for a review, I will not investigate his complaint.
Final decision
We will not investigate Mr X’s complaint because it was reasonable for him to ask the Council for a review.
Investigator's decision on behalf of the Ombudsman