The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council decided he was not eligible for homelessness assistance. It was reasonable for Mr X to use his appeal rights to the County Court.
The complaint
Mr X complained about the Council’s decision he was not eligible for homelessness assistance. He said the Council had misapplied the law in its decision making. He wants it to follow the correct law, to relieve him of his homelessness.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X applied to the Council as homeless. The Council wrote to Mr X stating he was not eligible for assistance. Mr X asked for a review of that decision and provided supporting evidence. The Council completed a review and responded to the points Mr X made around eligibility. It did not uphold his review. It directed him to the County Court if he wanted to challenge that decision.
Where the law provides homelessness applicants with review and court appeal rights, we expect them to be used. It was reasonable for Mr X to challenge the Council’s decision in the County Court if he believed the Council had interpreted the law incorrectly. We cannot interpret the law. There is no good reason to exercise discretion to consider this complaint, therefore we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it was reasonable for him to appeal to the County Court.
Investigator's decision on behalf of the Ombudsman