Summary: We will not investigate this complaint about the Council’s decision to end its homelessness duty in a man’s case after he refused an offer of accommodation. This is because the man had a right of appeal to court about the decision and, anyway, we cannot achieve the outcome he wants from his complaint.

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 the information Mr B provided with his complaint. I also took account of the Ombudsman’s Assessment Code.

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My assessment

5. The Housing Act 1996 gives homeless applicants a right of review about councils’ main decisions on their homelessness application. This includes decisions about the suitability of accommodation they are offered to meet a housing duty, and about ending the housing duty in their case. If an applicant wants to challenge a negative review decision they can appeal to the county court on a point of law.
6. Several years ago Mr B applied to the Council because his family was homeless. The Council accepted it owed Mr B a housing duty and placed his family in temporary accommodation in east London.
7. Earlier this year the Council offered Mr B alternative temporary accommodation outside London, which it considered was suitable for his family’s needs. The Council informed Mr B that its housing duty in his case would end whether or not he accepted the offer. The Council also informed Mr B about his review rights, including that he could accept the property and still have a review about its suitability.
8. But Mr B refused the offer on the basis the property was too distant from his area of work and his family’s support network. The Council then re-affirmed its view that the offered property was suitable and ended its housing duty in Mr B’s case.
9. Mr B asked for a review of the Council’s decision. But following a review the Council upheld its finding that the property was suitable for Mr B’s family so his refusal of the accommodation meant its housing duty in his case had ended.
10. However, we will not investigate Mr B’s complaint about this matter.
11. 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 informed Mr B that he could appeal to the county court within 21 days if he wanted to dispute the decision on a point of law. I see no reason why Mr B should not have used his right of appeal if he felt the review decision was wrong in law. In addition, if Mr B missed the deadline for making an appeal, he may still be able to make a late appeal now if he had good reason for not appealing on time.
12. Second, unlike the courts we have no powers to overturn homelessness decisions or rule on points of law. So we cannot make our own finding about Mr B’s homelessness case or force the Council to change its decision. Therefore, as Mr B wants the Council to withdraw its decision and resume its responsibility to house his family, I do not see we could achieve the outcome he is seeking from his complaint.

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Final decision

13. We will not investigate Mr B’s complaint that the Council unreasonably decided to end its homelessness duty in his case after he refused an offer of accommodation he considered was unsuitable. This is because Mr B has or had court appeal rights he could use to dispute the Council’s decision on a point of law, and we cannot achieve the outcome he wants from his complaint.

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Investigator's decision on behalf of the Ombudsman