The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council ending its duty to help the complainant, who is homeless, secure housing. This is because the subject matter of the complaint carries a right of review which we consider the complainant could reasonably request from the Council.
The complaint
The complainant (Mr Q) complains about the Council’s decision to end its duty to provide him with social housing on account of his homelessness application. He does not believe the Council has handled his case correctly. In summary Mr Q says the alleged fault means he continues to be homeless which is affecting his health and work. As a desired outcome, he wants the Council properly review his circumstances and application for housing.
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 the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
The relief duty is set out in section 189B of the Housing Act 1996. Where a local housing authority is satisfied that an applicant is homeless and eligible for assistance, it is subject to a duty to take reasonable steps to help the applicant secure accommodation that will be available for at least six months. The complaint concerns the Council’s decision to end the relief duty which it has notified Mr Q of in April 2024. 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 and eligible. 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 complaint raised by Mr Q are matters 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. I see no exceptional reason why he cannot exercise these rights by requesting a review from the Council in the first instance.
Final decision
We will not investigate this complaint because the subject matter of the complaint carries a right of review which I consider Mr Q could reasonably exercise.
Investigator's decision on behalf of the Ombudsman