Summary: We will not investigate Ms B’s complaint about the way the Council dealt with her homelessness and housing register applications. This is because the Council is currently reviewing its decision on her housing register application and it is not unreasonable to expect her to use her right of appeal to the county court against the Council’s review decision on her homelessness application.

The complaint

1. The complainant, Ms B, complained about the way the Council dealt with her homelessness and housing register applications.

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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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended)

5. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

6. I have considered the information Ms B provided, the Council’s responses to her complaint and its decision on her homelessness application. Ms B has had an opportunity to comment on my draft decision. I considered her comments before making a final decision.

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What I found

7. Ms B has explained to us why she does not think the Council has properly considered her current housing situation. Also, she says it has deleted the documents she uploaded to her housing register and homelessness applications. She said the Council should rehouse her quickly.
8. In January 2021 the Council told Ms B it had closed her housing register application. The Council said the information on its file indicated she was adequately housed. Ms B has requested a review of that decision and provided information in support of her review request. Our role is to look at the way a council reaches its decision. We do not have powers to make our own assessments of housing register applications and substitute our own decision for that of a council. We will not consider whether to investigate this part of Ms B’s complaint while the review process is still in progress.
9. There is a separate statutory process a council must follow when dealing with homelessness applications. In January 2021 the Council wrote to Ms B to tell her it had decided she was not homeless or threatened with homelessness within 56 days. Ms B has exercised her right to seek a review of the Council’s decision. If she believes the Council’s review decision is wrong in law, she will have the right of appeal to the county court. It is not unreasonable to expect her to use her appeal rights because this is the specific remedy the law provides. The court has powers we do not have to confirm, quash or vary the Council’s decision.

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Final decision

10. We will not investigate this complaint. This is because the Council is currently reviewing its decision on Ms B’s housing register application and it is not unreasonable to expect Ms B to use her right of appeal to the county court against the Council’s review decision on her homelessness application.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman