Summary: We will not investigate this complaint about an unsuccessful homelessness application. This is because the complainant could have appealed to the court.

The complaint

1. The complainant, Mr X, disagrees with the Council’s decision that he is not homeless because he owns a property abroad. Mr X has lived and worked in the UK for many years and says he qualifies for help because he is homeless. Mr X says it is discriminatory to expect him to leave the UK.

Back to top

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. 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)
4. The court considers appeals about homelessness decisions.

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Council. This includes the homelessness review decision. I also considered our Assessment Code.

Back to top

My assessment

6. Mr X had to leave his home and made a homelessness application to the Council. The Council decided Mr X is not homeless, as defined by homelessness legislation, because he owns a property in another country. In reaching this decision the Council considered the relevant factors such as whether Mr X can enter and occupy the property, whether it is safe for him to do so, and the reasonableness of such occupation. The Council said in September that Mr X had 21 days to appeal to court if he disagreed with the decision.
7. Mr X says he should not be expected to leave the UK because he has lived and worked here for many years. Mr X wants the Council to offer him housing.
8. I will not investigate this complaint because Mr X could have used his appeal rights. It is reasonable to expect him to appeal because the court is the appropriate organisation to consider appeals about homelessness decisions. We cannot decide if Mr X is homeless or tell the Council it must house Mr X or disregard the property he owns. I can only consider if there was fault in the way the Council made the decision and I see no suggestion of fault. The law allows councils to take into account accommodation outside the UK and the review decision shows the Council considered all the relevant factors in making its decision.

Back to top

Final decision

9. We will not investigate this complaint because Mr X could have used his appeal rights.

Back to top

Investigator's decision on behalf of the Ombudsman