London Borough of Ealing (25 000 047)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 01 Sep 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to discharge Miss X from its main housing duty. This is because Miss X has a right to a review of the Council’s decision, and it would be reasonable for her to use it.
The complaint
- Miss S complained on Miss X’s behalf that the Council wrongly discharged her from its housing duty after she refused its offer of accommodation.
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 has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss S complained on her mother Miss X’s behalf about the Council’s decision to discharge Miss X from its housing duty when she declined to accept its offer of accommodation.
- The Council said the accommodation offered was suitable for Miss X and her reasons for refusing its offer were not valid. The Council did not uphold the complaint and told Miss S that Miss X had a right to review of the decision to discharge her from its main housing duty.
- The Ombudsman will not usually exercise discretion to investigate a complaint where the complainant has a right to review and it would be reasonable for the complainant to use it. In this case, Miss X has been made aware that she can ask for a review of the Council’s decision, it is open to her to make use of this option.
Final decision
- We will not investigate Miss X’s complaint because she has a right to a review of the Council’s decision and it would be reasonable for her to use it.
Investigator's decision on behalf of the Ombudsman