The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decisions on Mr X’s homelessness application. It is reasonable for Mr X to request a review of the Council’s decision then use his statutory right of appeal to the county court.
The complaint
Mr X complained about the Council’s housing department’s involvement in his case. He says it wrongly decided: he was not homeless and should stay in his supported living accommodation; and the Council’s Adult Social Care department should house him.
Mr X said these matters caused him to be homeless for two weeks. He wanted the Council to provide him with Council accommodation.
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
Mr X’s complaint is about a decision that brings with it a statutory right of appeal to the county court. We are not an appeal body, and we will not normally investigate a complaint about a council’s decision a person is not homeless. The courts are best placed to consider the matter, and legal aid is available to support this process.
The Council explained in its decision letter how Mr X could request a review. It is reasonable for him to do so. If the Council upholds its decision, it will then explain Mr X’s statutory right of appeal to the county court. There is not a reason in Mr X’s case that we should investigate a complaint about the matter instead.
We will consider complaints Mr X has raised about the Council’s adult social care department separately.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to use his right of review and then appeal to the county court.
Investigator's decision on behalf of the Ombudsman