Summary: We will not investigate this complaint about the Council’s handling of Mr X’s homelessness application. He says the Council failed to deal with his application appropriately and failed to accommodate him. This is because it is out of the Ombudsman’s jurisdiction as Mr X has a right of appeal and it is reasonable for him to use it.

The complaint

1. Mr X complains about the Council’s handling of his homelessness application. He says the Council failed to deal with his application appropriately and failed to accommodate him.

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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.

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My assessment

6. Mr X made a homeless application with the Council. The Council accepted the relief duty and provided Mr X with interim accommodation.
7. When the relief duty ended, the Council decided Mr X did not have a priority need. Therefore, the Council sent Mr X its decision that it did not owe him the main housing duty.
8. The Housing Act 1996 gives homeless applicants a right of review about councils’ key decisions on their homelessness application. This includes a decision that a council does not owe someone the main housing duty under the Act because they are not in priority need. If the Council’s review decision is unfavourable, the applicant can appeal to the county court on a point of law. (Housing Act 1996, sections 202 and 204)
9. Mr X requested a review of the Council’s decision. The Council completed the review, which upheld the non-priority decision. I see no reason for why Mr X should not be expected to use his right of appeal if he considers the Council’s review decision legally flawed.

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Final decision

10. We will not investigate Mr X’s complaint because it is out of the Ombudsman’s jurisdiction. This is because Mr X has a right of appeal and it is reasonable for him to use it.

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Investigator's decision on behalf of the Ombudsman