Summary: We will not investigate this complaint about the suitability of accommodation offered under the Council’s homeless duty to Mr X. It was reasonable for him to challenge the decision non suitability by way of an appeal to the County Court.

The complaint

1. Mr X complained about the Council offering him accommodation under its homeless relief duty which eh says was unsuitable for his housing needs. He says he no longer has access to a car and it is too far from his workplace.

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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)

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How I considered this complaint

3. I considered the information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X approached the Council as homeless when his shared accommodation ceased to be available to him. The Council accepted a relief duty to him under the homelessness legislation and he was given priority to bid on vacancies. The Council put his name forward for a vacancy with the housing association and he successfully bid on the property.
6. Since he accepted the tenancy, he has no longer access to a car and the distance to his work is 20 miles which he says is too far. His family live within 6 miles and he says he needs to be nearer these locations.
7. He asked the Council for a review of suitability under the provisions of the Housing Act 1996. the Council carried out the review but did not uphold his claim that it was unsuitable for his needs. The Council failed to notify him in its review decision letter of his right to appeal the decision to the County Court within 21 days. He made a complaint about the decision shortly afterwards and the Council accepted it had failed to tell him about his appeal right and re-instated that right. To date Mr X has not submitted an appeal.
8. We will not investigate a complaint about a matter which carries a right of review and appeal to a court or an independent tribunal and it was reasonable for the complainant to pursue this. Mr X requested a review and as given the right to make an appeal to the County Court on a point of law.

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Final decision

9. We will not investigate this complaint about the suitability of accommodation offered under the Council’s homeless duty to Mr X. It was reasonable for him to challenge the decision non suitability by way of an appeal to the County Court.

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Investigator's decision on behalf of the Ombudsman