Summary: We will not investigate this complaint about the Council’s assessment of a homeless application. It was reasonable for Miss X to ask for a statutory review of the Council’s decision. If the outcome is unchanged, she will have a right to appeal the decision in the County Court.

The complaint

1. Miss X complained about the Council’s decision to refer her to another authority following her application to be rehoused as she is facing eviction from her private rented tenancy. She says she no longer wishes to live in another council area and wants to be accepted as homeless in Barnet area where she used to live.

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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)
3. We investigate 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 continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Miss X live din the Council’s area until 2021 when she became threatened with homelessness. The Council accepted her under the homeless prevention duty and assisted her in finding a private-rented tenancy in a neighbouring council’s area. Miss X has lived at the assisted shorthold tenancy since then until this year her landlord served her with a notice to quit because he wants the property back.
7. She approached the council and that of the area where she lives as being threatened with eviction. She told the Council that she wished to remain in the area where she was or in the council’s area close to her child’s nursery which has provision for her special needs. The Council accepted that she was homeless and under the relief duty referred her to the neighbouring authority under s.198(A) of the Housing Act 1996.
8. The neighbouring council accepted the referral and confirmed this to the Council and Miss X. However, Miss X then asked the neighbouring authority to refer her to Barnet because she says she no longer wishes to live in the area. The Council will not accept her referral and says she must remain where she is accepted as homeless.
9. Miss X submitted a statutory review request under s.202 of the Housing Act 1996 and this is currently being considered by the Council. These reviews carry a right of appeal to the County Court on a point of law which the applicant may use to challenge an unfavourable review outcome. We would expect Miss X to seek a court remedy if she wishes to challenge the review decision.

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Final decision

10. We will not investigate this complaint about the Council’s assessment of a homeless application. It was reasonable for Miss X to ask for a statutory review of the Council’s decision. If the outcome is unchanged she will have a right to appeal the decision in the County Court.

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Investigator's decision on behalf of the Ombudsman