Summary: We cannot investigate this complaint about the Council’s decision that the complainant does not qualify for housing under the homelessness rules. This is because the complainant is using her appeal rights.

The complaint

1. The complainant, Ms X, disagrees with the Council’s decision that she is not in priority need and does not qualify for housing as a homeless person. Ms X wants the Council to reverse the decision and provide accommodation.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Council. This includes the homelessness review decision and the appeal lodged by Ms X’s solicitor. I also considered our Assessment Code.

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My assessment

5. The Council decided Ms X is not in priority need under the homelessness rules. This means the Council is not required to provide her with accommodation.
6. Ms X lodged an appeal with the court. Ms X asked the court to decide she is in priority need and to order the Council to provide her with accommodation. Ms X is waiting for the court to hear the case. The Council is considering whether to provide accommodation pending the outcome of the appeal.
7. The law says we cannot investigate any matter that is the subject of court proceedings. Ms X has started legal proceedings regarding the issues she has complained about to us. This means we have no power to start an investigation and cannot help.

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Final decision

8. We cannot investigate this complaint because Ms X has appealed to the court.

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Investigator's decision on behalf of the Ombudsman