Summary: We will not investigate this complaint about the Council’s decision to serve notice on Miss X’s temporary accommodation after its assessment of her housing application. This is because it is reasonable to expect her to use her right of appeal to the County Court.

The complaint

1. Miss X complains about the Council’s decision on her homelessness application and to serve notice on her temporary accommodation.
2. Miss X says her emotional wellbeing has been adversely affected. Miss X would like the Council to reconsider her application and provide housing while she finds private accommodation.

Back to top

The Ombudsman’s role and powers

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)

Back to top

How I considered this complaint

4. I considered information provided by Miss X and the Council. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Council decided Miss X made herself intentionally homeless, meaning it no longer had a duty to house her. Miss X requested the Council review its decision. The Council conducted a review and upheld the original decision.
6. We will not investigate as it is reasonable to expect Miss X to use her legal right of appeal to the County Court.

Back to top

Final decision

7. I will not investigate Miss X’s complaint because it is reasonable to expect her to use her right of appeal to the County Court.

Back to top

Investigator's decision on behalf of the Ombudsman