Summary: We will not investigate this complaint about the Council’s decision to end its housing duty to Miss X. Miss X has appealed that decision therefore it is outside our jurisdiction. Miss X also complained about the Council’s decision not to provide temporary accommodation. We will not investigate this complaint as there is not enough evidence of fault in the way it was made.

The complaint

1. Miss X complained about the Council’s decision to end its housing duty towards her after she was absent from her temporary accommodation for a short time. She said the Council then failed to provide her with temporary accommodation while it considered her appeal. Miss X said the Council’s actions had caused her anxiety and is asking for compensation.

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The Ombudsman’s role and powers

2. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6))

4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council wrote to Miss X and told her it was ending its housing duty towards her after it discovered she was not living at the temporary accommodation it had provided her.
8. Miss X appealed this decision to the County Court and it upheld her appeal. The Council then reinstated its housing duty towards her. As Miss X has used her right to appeal, we cannot investigate this further.
9. Miss X also asked the Council for temporary accommodation during her appeal. The Council agreed to look at the decision again but refused to provide temporary accommodation until after the appeal had finished.
10. The law says councils can choose not to provide accommodation while an appeal is ongoing, but it must consider the circumstances of the request. From the information given to me by the Council, it considered Miss X’s circumstances and set out reasons why it decided not to offer Miss X further accommodation. There is not enough evidence of fault in the Council’s actions to justify investigating.

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Final decision

11. We will not investigate this complaint about the Council’s handling of a homelessness application. The decision has already been appealed and there was no fault in the way it was made.

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Investigator's decision on behalf of the Ombudsman