Summary: We will not investigate this complaint that the Council has unreasonably decided to end a homeless woman’s interim accommodation booking. The woman has separate review and appeal rights she can use to challenge the Council’s referral of her case to another council. Also there is no sign of fault in its decision to end its accommodation duty in those circumstances.

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We do not start an investigation if, for example, we decide there is not enough evidence of fault to justify investigating, or it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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)

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How I considered this complaint

4. I considered the information Miss B provided with her complaint and her further comments on the telephone. I also took account of information from the Council and the Ombudsman’s Assessment Code.

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My assessment

5. The Housing Act 1996 (‘the Act’) says that councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is called the relief duty.
6. A council must also secure interim accommodation for the applicant if it has reason to believe they may be homeless, eligible and have a priority need.
7. If a council considers it would owe someone the relief duty but they have no local connection to its area, it can refer them to another council where they do have a connection. In that case the referring council’s duties to the person will end as soon as it notifies them the receiving council has accepted the referral. This includes any duty to provide interim accommodation. The receiving council must then decide what duty it owes the person.
8. Applicants have a right of review about councils’ main decisions on their application, including a decision about whether the conditions for a referral are met. If a council upholds its original decision following a review, the applicant may appeal to the county court on a point of law. Councils also have a power, but not a duty, to provide accommodation for an applicant during the review.
9. The Council made a referral to another council in Miss B’s case and the other council accepted this. When the Council notified Miss B about the referral it gave her seven days’ notice to leave her interim accommodation. The Council also advised her to contact the other council if she had not already heard from it.
10. In response Miss B asked for a review of the Council’s referral decision. She also asked it to extend her temporary accommodation booking while it carried out the review. The Council agreed to review its decision but refused to extend her booking any longer than seven days.
11. However I do not see we have reason to investigate Miss B’s complaint. First, the law entitled the Council to end her interim accommodation when the other council accepted the referral. In fact it gave her seven days’ notice of this.
12. Second, any further extension of Miss B’s accommodation booking was at the Council’s discretion. But we cannot question the Council’s discretionary decisions if there is no fault in the way it made them. I consider the Council’s decision letter is evidence it took suitable account of relevant factors, including Miss B’s circumstances, before reaching its view. Therefore I do not see we are likely to find fault with its decision-making.
13. Third, Miss B has review and possible appeal rights she can use to challenge the Council’s decision the conditions for her referral are met. I note Miss B has already asked for a review which the Council is considering. I see no reason not to expect her to continue with the review and, if necessary, appeal to the county if she has grounds to dispute the Council’s review decision.

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Final decision

14. We will not investigate Miss B’s complaint the Council has unfairly ended her interim accommodation booking. Miss B has statutory review and potential court appeal rights she can use to dispute the decision to refer her to another council, and there is no sign of other fault by the Council in her case.

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Investigator's decision on behalf of the Ombudsman