Summary: We will not investigate this complaint about the Council’s decision the complainant is not homeless and therefore eligible for assistance. This is because the complainant could reasonably ask the Council for a review of the decision.

The complaint

1. The complainant (Mr X) complains about the Council’s assessment of his homelessness application. He says it is not reasonable for him to continue to occupy his current property and is therefore eligible for assistance from the Council. The Council has rejected that Mr X is homeless and he considers this decision is wrong.
2. In summary, Mr X says the alledged fault is having a significant and adverse impact on his mental and physical health. As a desired outcome, Mr X wants the Council to apologise and handle his homeless application properly.

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The Ombudsman’s role and powers

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 it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
4. 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

5. I also considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. Certain decisions on homelessness can be challenged by the complainant seeking a review and then exercising their right of appeal to county court on a point of law. This includes whether an application is homeless, eligible or in priority need. Normally we would not investigate complaints about these decisions where these review and appeal rights apply, as long as we are sure the complainant has been properly informed about their rights and the authority has acted on any review request made so far.
7. The key issue of Mr X’s complaint concerns whether he is homeless which forms part of the Council’s consideration of whether it owes him a legal duty to provide him accommodation. This is matter which carries a right of review, as well as appeal right to country court in accordance with s.204 of the Housing Act 1996. The latter is referred to as the statutory appeals procedure. The Council has informed Mr Q of his rights to challenge its decision and I see no exceptional reason why he cannot exercise these rights. We therefore have no legal jurisdiction to investigate this complaint.

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Final decision

8. We will not investigate this complaint. This is because the restrictions I outline at paragraphs three and four (above) apply.

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Investigator's decision on behalf of the Ombudsman