Summary: We will not investigate this complaint about the Council’s decision to end its homelessness duty to the complainant. This is because there is insufficient evidence of fault by the Council and there were appeal rights the complainant could have used.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council has ended its housing duty and will not help her move from the flat in which she experienced domestic violence.

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The Ombudsman’s role and powers

2. 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 an investigation if we believe:

• it is unlikely we would find fault, 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)

3. The court considers appeals about whether an offer of housing is suitable and whether a council was correct to end its homelessness duty.

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How I considered this complaint

4. I read the complaint and the Council’s responses. I considered the letter offering the accommodation and the review decision. I invited Ms X to comment on a draft of this decision.

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What I found

Homelessness

5. If a Council accepts someone as homeless it must provide suitable accommodation. If the person does not think the accommodation is suitable they can ask for a review. If they disagree with the review decision they have 21 days to appeal to court on a point of law.
6. If someone refuses an offer of suitable accommodation the Council can discharge its duty and will not make any more offers. The person can ask for a review, and then appeal to court, if they disagree.

What happened

7. Ms X made a homelessness application after being the victim of domestic violence. Ms X has two young children. The Council offered emergency accommodation which Ms X declined. The Council accepted the homelessness application and offered a permanent home. It offered a two bedroom flat on the first floor of a block with CCTV and security. The Council warned Ms X it would discharge its duty if she refused the offer.
8. Ms X asked for a review as she did not think the flat was suitable. She did not want to move to a block and she wanted a house or maisonette where she could fit CCTV. She wanted to live in the area where her parents live so they could provide support.
9. The Council reviewed its decision but confirmed it had made a suitable offer. It said the flat is more than two miles away from her current location and not in an area where she had had problems. It said it would not make an offer near her parents because incidents have occurred there. The Council said the flat is the correct size and has affordable rent. The Council said there is CCTV and security and, if she moved to an individual property, there was no guarantee she would be given permission to put up CCTV. The Council accepted the offer may not meet all of Ms X’s wishes but, given she has an urgent need to move, it had made a suitable offer from the limited amount of social housing it has. The Council confirmed it had made a suitable offer and had discharged its duty because Ms X declined the offer. The Council told Ms X she had 21 days to appeal to court. Ms X did not appeal.

Assessment

10. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council accepted Ms X as homeless and made an offer of permanent accommodation. It considered all the supporting evidence and explained, in detail, why it considers the offer to be suitable. It offered the flat for a second time, offered review rights, and explained the consequences of refusing the flat. The Council considered all the issues I would expect it to consider.
11. We do not act as an appeal body and we cannot overturn a homelessness decision. Providing the correct process was followed, which it was, then it is not for us to say whether the Council was right or wrong to offer the flat or discharge the duty. The Council’s decision flows the evidence and there is no reason for us to intervene. We cannot say the flat was unsuitable and we cannot say the Council must make another offer.
12. I also will not start an investigation because Ms X could have appealed to the court if she thought the Council had failed to follow the law correctly in relation to the suitability of the offer or the discharge of duty.

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Final decision

13. I will not start an investigation because there is insufficient evidence of fault by the Council and because Ms X could have appealed to the court.

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Investigator's decision on behalf of the Ombudsman