The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about her homelessness application. It was reasonable for Miss X to use her statutory right of appeal to the county court.
The complaint
Miss X complains the Council have not accepted a primary duty homelessness despite her being homeless and disabled.
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
Miss X approached the Council as homeless. The Council decided Miss X was not in priority need. Miss X asked the Council to review the decision, and they again decided she was not in priority need. The Council informed Miss X of her right to appeal to the County Court if she disagreed with the decision on a point of law.
Where someone has a statutory right of appeal, we will not normally consider the matter instead. Miss X was aware of her right of appeal. We are not an appeal body, and there is not a reason for us to consider the matter instead.
The court has discretion to consider a late appeal. It is open to Miss X to apply to the court to permission to make a late appeal.
Final decision
We will not investigate Miss X’s complaint. It was reasonable for Miss X to use her statutory right of appeal to the county court.
Investigator's decision on behalf of the Ombudsman