Chorley Borough Council (24 004 034)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 12 Aug 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision on Mrs X’s homeless application. It is reasonable for her to challenge the Council’s decision by an appeal in the County Court.
The complaint
- Mrs X complained about the Council’s decision that she is intentionally homeless following the expiry of its homelessness relief duty. She says the Council has not fully understood her relationship breakdown and the reasons why she had to leave her accommodation.
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 the information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X applied to the Council as being homeless following a relationship breakdown and the loss of her rented accommodation. The Council accepted the homelessness relief duty for her and assessed her application.
- In May 2024 the Council informed Mrs X that the 56-day period for the relief duty had ended without her finding alternative accommodation. It also informed her that it had decided that she was intentionally homeless following the assessment of her case. The Council advised her that she could ask for a review under s.202 of the Housing Act 1996 if she wished to challenge the decision.
- Mrs X submitted a review request and the Council later informed her that it was minded to uphold the original decision that she was intentionally homeless. The council had not sent its final review decision when she complained to us. The s.202 statutory review carries a further right to appeal to the County Court if the applicant is dissatisfied with the outcome. It would be reasonable for Mrs X to appeal to the court if the review decision is confirmed as negative.
Final decision
- We will not investigate this complaint about the Council’s decision on Mrs X’s homeless application. It is reasonable for her to challenge the Council’s decision by an appeal in the County Court.
Investigator's decision on behalf of the Ombudsman