Summary: We will not investigate Ms X complaint about the Council’s decision she is not in priority need. This is because she has the right to ask for a review of the decision, and to appeal to the County Court on a point of law if she disagrees with the review decision. It is reasonable for her to exercise her rights of review and appeal.

The complaint

1. Ms X complained the Council failed to properly consider the impact of her medical needs and overcrowding when deciding she was not in priority need.

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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 decideit 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))

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How I considered this complaint

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

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My assessment

6. Ms X disagrees with the Council’s decision that she is not in priority need. When writing to explain the reasons for its decision, the Council explained she could ask for a review of its decision if she disagreed with it. If, having done so, she was unhappy with the review decision, she would be able to appeal to the county court on a point of law.
7. The law expressly provides this route for challenging such decisions, so we normally expect people to use it. The court can make a binding decision and overturn the Council's decision if it sees fit, unlike the Ombudsman. There might be a potential cost to court action, but that is not in itself automatically a reason to consider court action unreasonable. Applicants can get help with court costs if they are eligible and can ask the court for their costs if their appeal succeeds.

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Final decision

8. We will not investigate Ms X’s complaint because she had review and appeal rights and it is reasonable for her to exercise those rights.

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Investigator's decision on behalf of the Ombudsman