Summary: We will not investigate this complaint about the Council’s decision to refuse Miss X housing after assessing her homelessness application. It was reasonable for Miss X to exercise her right to have the matter considered by the county court.

The complaint

1. Miss X complained about the Council’s decision she was not entitled to accommodation when she presented as homeless. Miss X says she and her children are sleeping on Miss X’s mother’s sofa and the Council’s actions have caused significant distress. She wants the Council to reopen her application and to be rehoused urgently.

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

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My assessment

5. Miss X approached the Council as homeless in 2022. The Council decided it did not owe her the main housing duty. She appealed this and the Council issued a review decision in January 2023, refusing her appeal.
6. The Council explained Miss X’s right to appeal to the county court in its letter. It reiterated this in an email to Miss X ten days later.
7. We cannot usually investigate a complaint where someone has a right to appeal to court. It was reasonable for Miss X to use her right of appeal in this case. We cannot overturn the Council’s decision in the way the courts can. There is not a good reason for us to investigate this complaint instead.

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Final decision

8. We will not investigate Miss X’s complaint because it was reasonable for her to use her right to appeal via the county court.

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Investigator's decision on behalf of the Ombudsman