Summary: We will not investigate this complaint about the way the Council dealt with the complainant’s homelessness application. This is because it was not unreasonable to expect him to use his right of appeal to the county court.

The complaint

1. The complainant, Mr B, has complained through his MP about the way the Council dealt with his homelessness application.

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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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. Mr B and his MP have had an opportunity to comment on my draft decision.

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My assessment

7. Mr B sent a very detailed complaint to his MP setting out why he was complaining about the Council’s handling of his homelessness application. He said the Council mistreated him and his wife throughout the process. Mr B said council officers made extremely degrading disrespectful comments aimed at his wife. He complained of malpractice in the way the Council dealt with his evidence and of incorrect information in its decision letters.
8. In March 2021 the Council decided Mr B was eligible for assistance, homeless but not in priority need. So the Council said its duty was limited to giving him advice and assistance in his search for accommodation. Mr B exercised his statutory right to request a review of that decision.
9. In June 2021 the Council sent its review decision to Mr B’s advocates. This was the final outcome of the homelessness application process. In its review decision the Council set out the information it had considered and the reasons for its decision. The Council concluded Mr B was not in priority need so it had no duty to secure accommodation for him. The Council told Mr B he had the right to appeal to the county court within 21 days of being notified of the review decision if he believed it was wrong in law.
10. We normally expect people to use specific statutory appeal rights. We are not an appeal body so a complaint to us is not a substitute for those appeal rights. In this case it was not unreasonable to expect Mr B to use his right of appeal to the county court when he received the Council’s review decision. That is because the county court has powers we do not have to confirm, quash or vary the Council’s decision.

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Final decision

11. We will not investigate Mr B’s complaint because it was not unreasonable to expect Mr B to use his right of appeal to the county court.

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Investigator's decision on behalf of the Ombudsman