London Borough of Sutton (23 014 689)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 15 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council incorrectly ending the main housing duty owed to Miss X. This is because it is reasonable for her to use her right to appeal to the Court.
The complaint
- Miss X complains about the Council incorrectly ending its main housing duty owed to her. She says this made her and her daughter homeless.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We previously considered a complaint by Miss X about the Council’s handling of her homeless application and of the Council offering her unsuitable temporary accommodation.
- The Council had offered Miss X temporary accommodation. Miss X refused this offer, and the Council subsequently ended the main housing duty owed to Miss X. In our final decision, we decided we would not investigate Miss X’s complaint as she had the right to request a review of the suitability of the temporary accommodation offered.
- The Council completed its review of the suitability of the temporary accommodation offered in June 2023. The Council upheld its decision that the property offered was suitable. Therefore, the Council was also satisfied the main duty to provide Miss X with accommodation had ended. The Council told Miss X of her right to appeal its decision if she considered its decision was wrong in law. The Council confirmed that the landlord of the accommodation Miss X was staying in began the eviction process due to non-payment of the rent.
- Therefore, we will not investigate this complaint as it is reasonable for Miss X to use her right of appeal to the Court. Further, as the Council has ended the main housing duty owed to Miss X, it does not have to provide her with accommodation.
Final decision
- We will not investigate Miss X’s complaint because it is reasonable for her to use her right to appeal to the Court.
Investigator's decision on behalf of the Ombudsman