The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision Miss X is intentionally homeless. It is reasonable for her to use her statutory right of appeal to the county court on a point of law.
The complaint
Miss X complained the Council: failed to properly consider her homelessness application; told her to end her tenancy in another local authority area; and decided she was intentionally homeless when she did so.
Miss X said the matter has led to her and her children being at risk of street homelessness. She said this caused significant distress and subsequent physical health impacts. She wanted the Council to continue providing temporary accommodation until permanent accommodation was found for the family.
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 considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s complaint is about the Council’s decision she made herself intentionally homeless. Such decisions carry a right of appeal to the county court on a point of law, and the Council informed Miss X of this right when it rejected her review request in February 2025. The points Miss X raises are matters that she can raise as part of such an appeal.
Legal aid is available for appeals to the county court, and the courts are best placed to consider such matters. There is not a reason for us to consider a complaint about the matter instead. It is reasonable for Miss X to use her statutory right of appeal.
Final decision
We will not investigate Miss X’s complaint because it is reasonable for her to use her statutory right of appeal to the county court on a point of law.
Investigator's decision on behalf of the Ombudsman