Dudley Metropolitan Borough Council (21 003 702)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 22 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Ms X’s homeless application and her housing priority. It was reasonable for Ms X to seek a remedy by appealing to the courts on a point of law.
The complaint
- Ms X complained about the Council’s offer of accommodation under its homeless duty. She says the property offered was unsuitable for her needs and wants to be given higher priority than Band 4 on the housing register.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says she is living with her son in overcrowded circumstances at her mother’s house. She shares a room with her son and applied to the housing register where she was assessed as Band 4 according to the Council’s allocation scheme.
- In 2021 Ms X applied to the Council as homeless because her mother said she could no longer live with her. The Council accepted it had a duty to her and offered her a property which it said was suitable for her needs, although it was in a different town.
- Ms X refused the offer of accommodation and asked for a review. The Council reviewed its decision but told her that the decision was reasonable, and the property met her needs. When she refused the offer again the Council told her that it had discharged its homeless duty towards her. The decision letter advised her that she could seek an appeal against the decision in the County Court within 21 days.
- It was reasonable for Ms X to appeal the Council’s homeless decision if she wished to challenge it once the review was complete.
Final decision
- We will not investigate this complaint about Ms X’s homeless application and her housing priority. It was reasonable for Ms X to seek a remedy by appealing to the courts on a point of law.
Investigator's decision on behalf of the Ombudsman