Gosport Borough Council (23 015 414)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 09 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to class Miss X as intentionally homeless and end its housing relief duty to her. This is because Miss X has right of appeal to the court and it would be reasonable for her to use it.
The complaint
- Miss X complains the Council failed to properly consider her supporting evidence when she asked for a review of its decision to class her as intentionally homeless and end its housing relief duty to her.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council accepted it had a duty to prevent Miss X from becoming homeless in December 2022 after Miss X was served a section 21 notice by her landlord. The Council went on to accept that it had a relief duty to Miss X in February 2023.
- In October 2023, the Council notified Miss X that its duty towards her had ended as it had found her to be intentionally homeless. Miss X asked for a review of the decision and provided information from her GP along with bank statements. The Council considered the additional information but maintained that Miss X had made herself intentionally homeless. Ms X brought her complaint to the Ombudsman.
- The Ombudsman will not usually investigate events where the complainant has a right of appeal available to them and it would be reasonable for them to use it. The evidence shows the Council has made Miss X aware that she has a right of appeal regarding its review decision. It is therefore open to Miss X to exercise her right of appeal to the court if she remains unhappy with this situation,
Final decision
- We will not investigate Miss X’s complaint because she has right of appeal to the court and it would be reasonable for her to use it.
Investigator's decision on behalf of the Ombudsman