The Ombudsman's final decision
Summary: We will not investigate this complaint about an allegedly unsuitable offer of housing. It would have been reasonable for Ms X to use her right to appeal to a court.
The complaint
Ms X complains the Council offered housing unsuited to her medical needs then ended its homelessness duty to her. She says this leaves her and her family without a suitable property and having to leave their temporary accommodation, which causes stress to her and her family.
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, or could have taken, 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
At Ms X’s request, the Council reviewed its decision. The review on 8 July 2022 decided the property the Council had offered was reasonable and upheld the decision to end the Council’s homelessness duty. The second-last paragraph of the review decision letter told Ms X she had the right to appeal to the county court on a point of law within 21 days.
Ms X’s argument that the Council has not properly considered the property’s suitability for her medical needs is an argument about the legal suitability of the offer. So the restriction in paragraph 2 applies.
Ms X told me she did not realise the letter said she had the right to go to court, because English is not her first language. However, Ms X said a relative with good English helps her with correspondence. Also, even if Ms X could not get help from that relative after receiving the review decision letter, if Ms X thought she might have any difficulty understanding such an important matter, she could reasonably have sought help from the Council or an advice agency. Ms X told me she went to an advice agency about the notice to quit the temporary accommodation. So she is able to seek assistance. I do not think this point makes it unreasonable to expect Ms X to have appealed.
Nor do I consider the language difficulty in itself would make it unreasonable to expect Ms X to appeal. The court can be asked to make arrangements to help where someone does not speak English fluently.
Therefore I do not consider the language difficulty made it unreasonable to expect Ms X to appeal.
Moreover, although the 21-day period for appealing has passed, Ms X could still ask the court to consider a late appeal and give her reasons for being late. The court has some discretion to hear a late appeal.
Final decision
We will not investigate Ms X’s complaint because she could reasonably be expected to use her appeal right.
Investigator's decision on behalf of the Ombudsman