The Ombudsman's final decision
Summary: We will not investigate this complaint about an alleged failure by the Council to properly assess a homelessness application and provide interim accommodation. This is because the subject matter of the complainant’s complaint carries a right of review and appeal to country court which she has been informed of and could reasonably exercise.
The complaint
The complainant (Miss Q) is making a complaint about the Council allegedly failing to properly assess her homelessness application, refusing to provide her with suitable accommodation and not considering her medical evidence. In summary, Miss Q says the alleged failings are causing her to reach a crisis point with respect to her mental health. As a desired outcome, she wants the Council to properly reassess her application and that she be given the correct level of priority based on her individual circumstances and medical need.
The Ombudsman’s role and powers
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 and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
If a housing authority has reason to believe a person may be homeless, eligible and have a priority need (such as medical need) then it must provide interim accommodation for them. Miss Q made a homelessness application to the Council in 2023. The Council determined that Miss Q was eligible, homeless, however did not meet a priority need. It notified her of its decision by letter in December 2023 giving full details of how to challenge the decision should she wish. The same month, Miss Q exercised her right to seek a review of the Council’s decision and requested interim accommodation pending the outcome of this. The Council accepted the review request and has provided Miss Q with interim accommodation since January 2024. However, she remains dissatisfied with the Council’s decision and so has brough her complaint to the Ombudsman.
Certain decisions on homelessness can be challenged by the complainant seeking a review and then exercising their right of appeal to county court on a point of law. This includes whether an application is homeless, eligible or in priority need. Normally we would not investigate complaints about these decisions where these review and appeal rights apply, as long as we are sure the complainant has been properly informed about their rights and the authority has acted on any review request made so far.
The key issue of Miss Q’s complaint concerns whether she is in priority need for housing which forms part of the Council’s consideration of whether it owes her a legal duty to provide interim accommodation. This is matter which carries a right of review, as well as appeal right to country court in accordance with s204 of the Housing Act 1996. The latter is referred to as the statutory appeals procedure. The Council has informed Miss Q of her rights to challenge its decision and I see no exceptional reason why she cannot exercise these rights. We therefore have no legal jurisdiction to investigate this complaint.
Final decision
We will not investigate this complaint because the subject matter of Ms P’s complaint carries a right of review and appeal to the country court she has been informed of and could reasonably exercise.
Investigator's decision on behalf of the Ombudsman