The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to end its homelessness duty. This is because it is reasonable for him to use his right of appeal to the County Court.
The complaint
Mr X complains that the Council ended its homelessness relief duty. Mr X says the Council should reinstate this duty.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council ended its homelessness relief duty after Mr X refused an offer of temporary accommodation. Mr X asked the Council for a review but it upheld its decision to end the duty.
We cannot overturn a council’s decision on a homelessness application. The legislation provides a review and appeal procedure, and Mr X has engaged with this. It is reasonable for him to appeal the review decision to the County Court.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to use his right of appeal to the County Court.
Investigator's decision on behalf of the Ombudsman