Summary: Mr X complains that the Council have not properly considered his circumstances in reaching a decision that he is not homeless or threatened with homelessness. The Ombudsman will not investigate this complaint because he can appeal the matter in court.

The complaint

1. Mr X complains that the Council have not properly considered all of his personal circumstances in its decision that he is not homeless or threatened with homelessness.

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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 in the complaint and the reviewing officer’s decision.
4. I have written to Mr X with my draft decision and given him an opportunity to comment.

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What I found

5. The Council helped Mr X to access his current accommodation in order to relieve his homelessness.
6. Mr X says that this accommodation is not reasonable for him to continue to occupy and is negatively impacting his health.
7. Mr X made a homeless application to the Council. The Council decided that Mr X is not homeless in November 2019.
8. Mr X asked the Council to look again at this decision and it was reviewed by a Reviewing Officer. The Reviewing Officer has not upheld Mr X’s review.
9. Mr X can appeal this decision in the County Court on a point of law.
10. The County Court is the body best placed to consider this matter and I can see no reason that Mr X cannot appeal to the court.

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Final decision

11. The Ombudsman will not investigate this complaint because Mr X can appeal to the court and it is the body best placed to consider this matter.

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Investigator's decision on behalf of the Ombudsman