Summary: We will not investigate this complaint about the Council’s decision not to allow an application for Supported Exempted Accommodation for benefit purposes to the complainant’s organisation. We cannot determine points of law and only the courts can provide a remedy in these circumstances.

The complaint

1. Mrs X works for an organisation which she claims is a charity providing accommodation for vulnerable persons. The organisation applied for exempt status for housing benefit and council tax purposes. She says the Council refused the application in 2023 incorrectly and they have provided additional information without a result.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X’s organisation submitted an application in September 2023 for exemption for council tax and housing benefit purposes on the basis that they are a charity under the Supported Exempt Accommodation legislation. She says they provide accommodation for vulnerable tenants and have charitable status. The Council wrote to her in December and said her application was refused because the organisation did not meet the criteria to be included as an exemption.
6. The organisation’s solicitor wrote to the Council with evidence which they believe meets the requirements. Mrs X complained to us and we asked the Council for details of its consideration. The Council replied and confirmed that it does not believe the organisation meets the criteria for exempt status as a charity with its legal advisor’s reasoning.
7. We cannot determine points of law or legal interpretations of legislation. Only the courts can do this by way of judicial review. If Mrs X believes the Council’s interpretation of the status of her organisation is wrong it is reasonable for her to seek a remedy in the courts.

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Final decision

8. We will not investigate this complaint about the Council’s decision not to allow an application for Supported Exempted Accommodation for benefit purposes to the complainant’s organisation. We cannot determine points of law and only the courts can provide a remedy in these circumstances.

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Investigator's decision on behalf of the Ombudsman