The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s decision she is not homeless. Ms X has the right to ask for a review of that decision, which she is exercising. If she is unhappy with the review decision, she can appeal to the county court on a point of law and it is reasonable for her to do this.
The complaint
Ms X complained about the Council’s decision she was not homeless. She says the Council has not properly consider her history of domestic abuse, nor the antisocial behaviour she is currently experiencing. She said the Council’s failure to help her was causing additional stress.
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) 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 Ms X.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X made an online homelessness application to the Council in late 2023. The Council made an initial decision on her case in February 2024, and Ms X asked for a review. In early March, the Council made a fresh decision. It decided she was not homeless because it was reasonable for her to continue to occupy her current home. It explained its reasons and told her she could ask for a review. Ms X asked for a review and provided further evidence. The Council is due to make a review decision later this month.
There is a review and appeal process for applicants to challenge homelessness decisions, and it is reasonable for her to use that process. Therefore, we will not consider the complaint further.
Final decision
We will not investigate Ms X’s complaint because there is a review and appeal process, and it is reasonable for Ms X to use it.
Investigator's decision on behalf of the Ombudsman