The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the suitability of housing. Mrs X had a right of appeal to the County Court and it would have been reasonable to expect her to have used it.
The complaint
Mrs X complained about the suitability of a property the Council offered her to end the main housing duty.
Mrs X said the matter caused a negative impact to her health.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council offered Mrs X an offer of housing in June 2026 to end its main housing duty towards her.
Mrs X said the property was not suitable for several reasons. Mrs X used her statutory right to ask the Council for a review of the suitability of the property.
The Council carried out its review and decided the property was suitable. It told Mrs X she could appeal to the County Court if she disagreed with its outcome.
As outlined in paragraph four, we cannot investigate a complaint where someone could take the matter to court.
I consider it would have been reasonable to expect Mrs X to have used her right of appeal to the County Court and so we will not investigate this complaint.
Final decision
We will not investigate Mrs X’s complaint because it would have been reasonable to expect her to have used her right of appeal to the County Court.
Investigator's decision on behalf of the Ombudsman