Summary: We will not investigate this complaint about the Council’s handling of Mr X’s homeless application. He says the Council incorrectly decided he was intentionally homeless. This is because it was reasonable for him to have used his right of appeal to challenge the Council’s decision.

The complaint

1. Mr X complains about the Council’s handling of his homeless application. He says the Council incorrectly decided he was intentionally homeless.

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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. The Council accepted Mr X’s homeless application in September 2022. The Council provided Mr X with temporary accommodation.
6. The Council said Mr X caused anti-social behaviour and that it issued Mr X with several written warnings to change his behaviour. However, Mr X’s behaviour did not change. Mr X was asked to leave the accommodation as the accommodation provider no longer wished to accommodate Mr X.
7. In March 2023, the Council decided that Mr X was intentionally homeless and discharged its housing duty. Mr X requested a review of the Council’s decision. The Council completed its review and issued its decision in April 2023. The Council upheld its decision that Mr X was intentionally homeless.
8. Mr X had the right to appeal the Council’s decision that he was intentionally homeless if he believed the Council’s decision was wrong. I am satisfied it was reasonable for Mr X to have used his right of appeal.

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Final decision

9. We will not investigate Mr X’s complaint because it was reasonable for him to have used his right of appeal to challenge the Council’s decision.

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Investigator's decision on behalf of the Ombudsman