Summary: We will not investigate this complaint about the Council’s decision that it has no duty to provide housing assistance to a homeless woman. This is because the woman has a right of appeal to the county court about the Council’s decision.

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

3. The law says we normally cannot 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 Miss X’s complaint. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. When a homeless person applies for help with housing, the Council must first decide if they are ‘eligible’ for assistance under Part 7 of the Housing Act 1996 (‘the Act’). Eligibility depends on the immigration status of the applicant, and the eligibility rules exclude certain ‘persons from abroad’ and ‘persons subject to immigration control’. Homeless people who are not eligible are not entitled to any housing assistance from the Council except for free advice and information.
6. The Act gives homeless applicants a right of review about councils’ main decisions on their homelessness application. This includes a decision that someone is not eligible. If an applicant wants to challenge a negative review decision they can appeal to the county court on a point of law.
7. The Council decided Miss X was not eligible due to her immigration status. Miss X then asked for a review of the decision. But following a review the Council upheld its original decision that Miss X was not eligible.
8. However I have decided that we should not start an investigation of this matter.
9. First, the law says we usually cannot investigate a complaint where someone could take the matter to court. The Council’s review decision letter clearly informs Miss X that she can appeal to the county court if she wants to challenge its decision on a point of law. I see no reason why Miss X should not use her court appeal rights if she thinks the Council’s decision is wrong in law.
10. In addition, the law concerning regarding immigration status and eligibility is very complex. As a result I consider the courts are best placed to decide the issues in Miss X’s case. Unlike the courts we have no powers to overturn homelessness decisions or rule on points of law. Therefore we cannot make our own decision about Miss X’s eligibility, or force the Council change its mind in her case. So as Miss X’s aim is for the Council to withdraw its decision and immediately find her some accommodation, I also do not see we could achieve the outcome she is seeking.

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Final decision

11. We will not investigate Miss X’s complaint that the Council unfairly decided she is not eligible for housing assistance as a homeless person. This is because Miss X has court appeal rights she can use to challenge the Council’s decision if there is a point of law at issue and, in any case, we cannot achieve the outcome she wants from her complaint.

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Investigator's decision on behalf of the Ombudsman