Summary: We will not investigate this complaint about the Council’s decision that Miss X was intentionally homeless. It was reasonable for her to challenge the Council’s decision by way of an appeal to the court following the Council’s review of the decision.

The complaint

1. Miss X complained about the Council’s decision on her homeless application. She says that it should not have decided she was intentionally homeless following her refusal of temporary accommodation on a previous application.

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The Ombudsman’s role and powers

2. 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)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered the information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X applied to the Council as homeless in December 2021 and the Council accepted that it owed the main homeless duty to her under the 1996 Housing Act. Miss X was offered temporary accommodation in early 2022 but she refused the Council’s tenancy offer. She believed the accommodation was not suitable for her needs.
7. The Council advised her about her right of review and that if she chose t reject the offer it would consider its homeless duty discharged. Miss X did not submit a review request with the required 21 days or make a complaint to us.
8. In September 2022 she made a further homeless application and in December the Council informed her that it considered she was intentionally homeless. This was because she refused an offer of temporary accommodation from her last settled address and did not ask for a review of suitability of the tenancy. It advised Miss X of her right to a review and appeal of the decision.
9. Miss X submitted a review request in early 2023. The Council applied an extension at her request to completing the review to allow her to seek representation. The review was completed in May 2023 and the intentional decision upheld. The Council advised Miss X of her right to appeal the decision to the County Court.
10. The legislation from which the Ombudsman takes his powers also places some restrictions on what we can investigate. One of these restrictions relates to complaints about matters which the complainant was aware of more than 12 months before they brought it to our attention. This restriction applies to Miss X’s initial homeless application and the decision which took place outside 12 months in February 2022. There is no evidence to suggest that she could not have complained to us sooner.
11. The decision of December 2022 that she was intentionally homeless carried a right of review and appeal to the court. Miss X has completed the review procedure and it was reasonable for her to challenge the decision in the court if she believed she had grounds to do so.

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Final decision

12. We will not investigate this complaint about the Council’s decision that Miss X was intentionally homeless. It was reasonable for her to challenge the Council’s decision by way of an appeal to the court following the Council’s review of the decision.

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Investigator's decision on behalf of the Ombudsman