Summary: The Ombudsman will not investigate Mr B’s complaint about the Council’s decision he was intentionally homeless. This is because it was not unreasonable to expect him to use his review and appeal rights to challenge the Council’s decision.

The complaint

1. The complainant, Mr B, complained about the Council’s decision in 2019 that he was intentionally homeless. He says he was then evicted from his temporary accommodation, so he and his family became homeless, causing them extreme pressure and anxiety.

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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. 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

4. I have considered the information Mr B provided and given him an opportunity to comment on my draft decision.

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What I found

5. Mr B told us the Council reached its decision that he was intentionally homeless because he had significant rent arrears. He said he contacted the Council several times to get information about how his arrears had accrued. He said the Council told him it would investigate but it failed to give him the information he had requested in time. He told us he had discussed an arrears payment plan with a housing officer but then the Council decided he was intentionally homeless.
6. The Housing Act 1996 (the Act) sets out councils’ powers and duties to people who are homeless or threatened with homelessness.
7. The Act gives homeless applicants a right of review about councils’ main decisions on their homelessness application. This includes a decision the person is intentionally homeless.
8. If the person wants to challenge a review decision, they can appeal to the county court on a point of law.
9. A complaint to us is not a substitute for specific review and appeal rights the law provides. It was not unreasonable to expect Mr B to ask the Council to review its decision and then to appeal to the county court on a point of law if he wanted to challenge the council’s review decision. That is because the county court has powers we do not have to vary or quash the Council’s decision.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because it was not unreasonable to expect the complainant to use his review and appeal rights to challenge the Council’s decision.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman