Summary: We will not investigate Ms X’s complaint about the Council’s decision to end its housing duty towards her. This is because Ms X had a right of appeal to court and it was reasonable for her to use it.

The complaint

1. Miss X complains the Council has ended its housing duty towards her and not dealt with her request for a review properly.
2. Miss X says this has caused her to suffer with mental health and relationship issues.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

7. The Housing Act 1996 gives homeless applicants a right of review and appeal about key decisions on their homelessness application.
8. Miss X sought a review of the Council’s decision. She is unhappy with the Council’s response and says it does not address all her concerns.
9. If Miss X wished to challenge the review decision, Miss X could have appealed on a point of law to the County Court, as she was advised in the Council’s response. I consider it reasonable for Miss X to have used her legal right to appeal.

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Final decision

10. I will not investigate Miss X’s complaint as she had a right of appeal and it was reasonable to expect her to use it.

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Investigator's decision on behalf of the Ombudsman