Summary: The Ombudsman cannot investigate this complaint about the Council’s decision that it no longer has a duty to provide accommodation for the complainant. This is because the complainant has appealed to the court. The Ombudsman will not investigate the complaint about the Council’s decision to remove the complainant from the housing register. This is because the Council is still considering the case.

The complaint

1. The complainant, whom I refer to as Mr X, complains that the Council has decided it does not have to provide him with housing. He also disagrees with the Council’s decision to remove him from the housing register.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I read the complaint and the Council’s letters about Mr X’s housing. I found out that Mr X has appealed to the court. I invited Mr X to comment on a draft of this decision.

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What I found

Homelessness

6. When a council accepts someone as homeless it must provide suitable accommodation. If someone rejects an offer of suitable accommodation the Council can discharge its duty and decide it no longer has to provide housing. If the person disagrees with the Council’s decision they can go to court.
7. People can bid for permanent accommodation from the housing register. People can join or remain on the housing register if they live in the borough.

What happened

8. The Council had accepted Mr X as homeless. It made an offer of accommodation. Mr X refused the offer. He said it was unsuitable for medical reasons. The Council discharged its duty because it said Mr X had rejected a suitable offer. Mr X challenged the decision, and submitted medical evidence, but the Council did not change its decision.
9. Mr X appealed to the court and has a hearing date.
10. Mr X had to leave the accommodation the Council had been providing. He is now living in a different part of London. The Council has removed Mr X from the housing register because he is no longer living in the borough. Mr X has asked for a review which the Council is still considering.

Assessment

11. The law says the Ombudsman cannot investigate any issue that is the subject of legal action. Mr X has appealed to the court. This means I cannot investigate his complaint about the Council’s decision to discharge its duty and stop providing accommodation. These are now matters for the court.
12. I will not investigate the complaint about the Council’s decision to remove Mr X from the housing register. This is because the Council is doing a review. If Mr X is dissatisfied with the Council’s final response regarding the housing register he could make a new complaint to the Ombudsman.

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Final decision

13. I cannot start an investigation because Mr X has appealed to the court and because the Council is reviewing its decision about the housing register.

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Investigator's decision on behalf of the Ombudsman