Trafford Council (22 017 752)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 28 Mar 2023
The Ombudsman's final decision:
Summary: A woman complained about the Council’s review decision regarding the suitability of accommodation it offered her under the main homelessness duty. But we will not investigate this complaint because the woman has a right of appeal to court if she considers the review decision is legally flawed and, anyway, we cannot provide the outcome she is seeking.
The Ombudsman’s role and powers
- 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, for example, we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
- 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)
How I considered this complaint
- I considered the information Miss B provided with her complaint. I also took account of the Ombudsman’s Assessment Code.
My assessment
- The Housing Act 1996 gives homeless applicants rights of review about councils’ main decisions on their homelessness application. This includes a decision to end a council’s housing duty in the person’s case because they have refused an offer of suitable accommodation.
- If the review decision is negative the applicant has the possibility of challenging this by appealing to the county court on a point of law.
- Miss B applied to the Council for help with housing when she was homeless. The Council placed her in temporary accommodation and later it accepted it owed her the main housing duty. As a result the Council also gave Miss B Band 1 priority on its Housing Register so she could apply for social housing.
- Subsequently the Council made a bid on Miss B’s behalf for a social housing property it considered was suitable for her needs. But Miss B disagreed the offer was suitable so she turned it down and asked for a review. However, after carrying out a review the Council confirmed its view that the property was suitable for Miss B and her refusal meant it had ended its housing duty in her case.
- But we will not investigate Miss B’s complaint about this matter. First, the law says we usually cannot investigate a complaint where someone could take the matter to court. The Council’s review letter informs Miss B that she can appeal to the county court within 21 days if she wants to dispute its decision on legal grounds. I see no reason why Miss B should not be expected to use her appeal rights if she considers the review decision is legally flawed because the Council ignored her evidence or it is wrong in law for some other reason.
- In addition, if Miss B is advised she has no legal case for an appeal about the Council’s review decision, I consider it very unlikely we would find grounds to criticise the decision because of any fault in the way it was made.
- Also, unlike the courts, we have no powers to overturn homelessness decisions or rule on points of law. So we cannot reach our own finding about Miss B’s homelessness application or force the Council to change its decision in her case. Therefore I do not see we could achieve the main outcome Miss B wants from her complaint.
- Miss B also complained the Council had given her no choice about her housing because it had made the bid on her behalf, and that it had treated her unfairly by not giving her a second chance following her refusal, as it had done for other people.
- But the Council’s published Housing Allocation Policy says that where it has accepted the main homelessness duty and the applicant has Band 1 priority, they can only exercise choice for a period of four weeks. After that the Council is entitled to make a direct offer of a suitable property, which will end its homelessness duty. Therefore it appears the Council has followed its Allocation Policy in dealing with Miss B’s housing case. In the circumstances I do not see would have grounds to find fault with it in this respect.
Final decision
- We will not investigate Miss B’s complaint about the unfairness of the Council’s homelessness review decision concerning the suitability of accommodation she had turned down. This is because Miss B has court appeal rights she can use if she wants to challenge the Council’s decision on a point of law and, in any case, we cannot achieve the outcome she is seeking.
Investigator's decision on behalf of the Ombudsman