Summary: We will not investigate this complaint about the suitability of accommodation offered by the Council to Mr X under its homeless duty. It is reasonable for him to ask for a review of the Council’s decision and to exercise his right of appeal to the court if this is unsuccessful.

The complaint

1. Mr X complained about the Council’s decision to discharge its homeless duty to him by offering a property which he says is unsuitable for his needs.

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The Ombudsman’s role and powers

The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

2. I considered information provided by the complainant and the Council.
3. I considered the Ombudsman’s Assessment Code.

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My assessment

4. Mr X applied to the Council as homeless following the loss of his previous accommodation. The Council did not allow him to apply previously on its Housing Register because he sold a property for more than the limit for capital under its Housing Allocation Scheme. The Council offered Mr X a flat in a sheltered housing scheme which it considers meets his needs in terms of age and disability and offers facilities similar to other locations he has shown preference for.
5. Mr X rejected the Council’s offer which was its final offer under Part 6 of the Housing Act 1996, and it advised him that it had discharged its homeless duty to him. the decision offered a right of review within 21 days. The Council accepted Mr X’s review request even though it was out of time and is currently considering it. When it gives him the decision on the review, he will have a further right of appeal to the County Court if he disagrees with the outcome.
6. We would expect him to use any appeal remedy which is available and reasonable for him to pursue.

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Final decision

7. We will not investigate this complaint about the suitability of accommodation offered by the Council to Mr X under its homeless duty. It is reasonable for him to ask for a review of the Council’s decision and to exercise his right of appeal to the court if this is unsuccessful.

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Investigator's decision on behalf of the Ombudsman