Summary: Mr X complained about the Council’s decision that he was not homeless or threatened with homelessness. We will not investigate this complaint. This is because it was reasonable for him to exercise his right of appeal against the decision to the County Court which is the proper body to consider these matters.

The complaint

1. Mr X applied to the Council as homeless because he says his current three-bedroom house is unsuitable for the needs of his family with five children. He says the property is overcrowded, too expensive and suffers from mould in cold weather. He wants the Council to accept his family as homeless and rehouse them in a more suitable home.

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

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What I found

4. Mr X applied to the Council as homeless because his current rented home is unsuitable for his family’s needs. The Council considered his application and informed him that it did not accept that he was homeless or threatened with homelessness because he had accommodation which it was reasonable for him to occupy.
5. Mr X asked for a review of the Council’s decision under s.202 of the Housing Act 1996 Part Vll. The Council reviewed the decision but concluded that it did not have a homeless duty to him and that he did not meet the medical, affordability, overcrowding or disrepair tests which might conclude he was homeless. The Council sent its decision in March 2021, and it advised him of his right to appeal against the decision to the County Court on a point of law.
6. The Ombudsman cannot overturn a decision made by a council on a homelessness application. If the council has written to the applicant that they are not homeless, or not in a priority need group, and it has no duty to find them somewhere to live, we would usually expect them to use the review and appeal procedure to challenge that decision.
7. Mr X used the review procedure and it was reasonable for him to appeal to the court to challenge the decision.

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Final decision

8. We will not investigate this complaint. This is because it was reasonable for him to exercise his right of appeal against the decision to the County Court which is the proper body to consider these matters.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman