Summary: We will not investigate Mr X’s complaint about the Council’s decision to discharge its duty to secure suitable accommodation for him, and to evict him from his temporary accommodation. This is because it was reasonable for him to have appealed to Court following the Council’s review decision.

The complaint

1. Mr X complains about the Council’s decision to discharge its duty to secure suitable accommodation for him, and to evict him from his temporary accommodation.

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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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X made a homeless application to the Council, and the Council provided Mr X with temporary accommodation. In May 2019, the Council accepted it owed Mr X the main housing duty.
6. In January 2022, the Council offered Mr X a property. Mr X viewed the property but refused it on the basis it was unsuitable due to the crime rate and use of illegal substances in the area.
7. The Council reviewed its decision but outlined its reasons why the property was suitable for Mr X. The Council outlined the options available to Mr X, alongside clear information that if Mr X refused the offer, then the Council would discharge its housing duty. Further, this would also result in Mr X having to leave his current accommodation.
8. In July 2022, the Council completed its review of the decision. This upheld the Council’s decision to discharge its duty on the basis the accommodation offered was suitable for Mr X’s housing needs.
9. The Council advised Mr X of his appeal rights. There are no good reasons for why Mr X could not have appealed if he disagreed with the Council’s decision. Therefore, I am satisfied as it was reasonable for him to have appealed.

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Final decision

10. We will not investigate Mr X’s complaint because it was reasonable for him to have appealed to Court following the Council’s review decision.

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Investigator's decision on behalf of the Ombudsman