Summary: We will not exercise discretion to investigate this complaint about the Council’s decision to discharge its homelessness duty in 2021. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

The complaint

1. Mrs X complained about the Council’s decision to discharge its homeless duty to her in 2021. She says she did not understand the implications of rejecting an offer of accommodation in 2020 and that she should not be evicted from her temporary accommodation as a result.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mrs X approached the Council as homeless in 2018. She was accepted for the main housing duty and placed in temporary accommodation. In 2020 the Council offered her a property which she rejected because she said it was unsuitable. The Council told her it would discharge its homeless duty because it considered the offer to be reasonable.
6. Mrs X asked for a statutory review of the suitability through a support service in December 2020. The Council did not uphold the review and in 2021 sent her a ‘minded to’ letter followed by a final decision to discharge its homeless duty. The letters advised her of her right of appeal against the decisions to the County Court.
7. Mrs X says she asked Shelter housing charity for advice but she did not complain to us about the decisions until December 2023, which is outside the 12-month period for receiving complaints. If Mrs X had approached us at the time of the decisions we would have advised her to appeal to the court against them if she believed they were unreasonable.
8. The homeless discharge decision letter of May 2021 informed Mrs X that the Council would seek to recover her temporary accommodation because it no longer owed the temporary housing duty and she should seek alternative housing. By 2024 the Council had served a notice to quit on her which is the beginning of possession proceedings. We cannot investigate matters which are subject to court action.

Back to top

Final decision

9. We will not exercise discretion to investigate this complaint about the Council’s decision to discharge its homelessness duty in 2021. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

Back to top

Investigator's decision on behalf of the Ombudsman