Summary: We will not investigate this complaint about the Council’s duty to house Miss Y. It is reasonable for Miss Y to have used her right of appeal.

The complaint

1. Miss Y complains the Council offered her an unsuitable property and will not provide any further property offers. Miss Y says she is living in overcrowded conditions which have impacted her mental health. Miss Y would like the Council to secure her a suitable property.

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

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My assessment

5. The Council accepted its duty to prevent Miss Y from becoming homeless. The Council provided Miss Y with a personalised housing plan and identified a suitable property.
6. Miss Y visited the property and signed a tenancy agreement. The Council informed Miss Y its prevention duty had ended as Miss Y had secured suitable accommodation.
7. Miss Y raised suitability issues with the Council’s environmental health team. Due to these concerns, Miss Y decided she no longer wanted to accept the property.
8. The Council completed a review of the property suitability and its decision to end its prevention duty. The Council informed Miss Y of her right to appeal the Council’s decision to the County Court within 21 days.

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Final decision

9. We will not investigate Miss Y’s complaint because it was reasonable for Miss Y to have used her right of appeal to the County Court.

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Investigator's decision on behalf of the Ombudsman