Summary: We will not investigate Ms X’s complaint about a Council’s homelessness decision. Ms X had a right of appeal to the county court which it was reasonable for her to use. The Council has agreed to consider an application to the housing register. An investigation by use would achieve nothing more.

The complaint

1. Ms X complains the Council did not appropriately consider medical evidence before deciding it would not re-house her on medical grounds. She says her current housing is unsafe and a health risk. She wants the Council to re-house her to a suitable property.

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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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its complaint response, the Council accepted it should have waited for evidence from Ms X’s GP before concluding its review and upholding the decision that she was not homeless. It also accepted it could have communicated its decision more clearly to her. It apologised for this. However, it said it was satisfied the decision was correct and if she wanted to challenge this, she had a right of appeal to the county court.
7. We will not investigate this complaint. Regardless of any errors in its review process or how it communicated its decision, the Council is satisfied the outcome is unaffected and remains correct. If Ms X disagrees with the decision, she has a right to appeal to the county court and it is reasonable for her to use it.
8. The Council has also agreed to assess her eligibility to join the housing register. This is an appropriate action to support Ms X’s wish to be re-housed. An investigation by us would achieve nothing more.

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Final dtiision

9. We will not investigate Ms X’s complaint because she has a right of appeal to the county court about the Council’s homelessness decision and an investigation by us would achieve nothing more.

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Investigator's decision on behalf of the Ombudsman