Summary: Miss X complained about the Council’s decision to discharge its homeless duty to her in 2019. We should not exercise discretion to investigate this complaint which was received outside the normal 12-month period for accepting complaints. This is because it concerns a homelessness decision, and it was reasonable for her to challenge the decision in the courts at the time.

The complaint

1. Miss X complained about the Council deciding to discharge its homeless duty to her following her refusal of an offer of accommodation in 2019. She says the offer was unsuitable for her needs and that the Council should give her a further review of its decision.

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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)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I have considered all the information which Miss X submitted with her complaint. I have also considered the Council’s response. Miss X has been given an opportunity to comment on a draft copy of my decision.

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What I found

5. Miss X was accepted as homeless by the Council in 2015. In September 2019 she was offered a property which the Council said was suitable for her housing needs. Miss X refused the property because she said it was in a business area and close to a public house. She said young men of questionable character were in the area in the evening it considered it unsuitable for her children.
6. The Council told her it would only make one reasonable offer and because of her refusal it had now discharged its housing duty to her. When she received the notification Miss X asked her solicitors to request a review of the decision. The Council issued a review decision to the solicitors which also referred to the right to appeal the decision to the County Court.
7. No appeal was submitted to the court. The Ombudsman cannot determine whether an offer was suitable given that the Council referred to all the necessary aspects of the legislation in its decision letter. The courts determine these issues, and it was reasonable for Miss X or her solicitors to submit an appeal to the court at the time.

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Final decision

8. We should not exercise discretion to investigate this complaint which was received outside the normal 12-month period for accepting complaints. This is because it concerns a homelessness decision, and it was reasonable for her to challenge the decision in the courts at the time.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman