Summary: We will not investigate this complaint about the Council’s decision to ends its housing duty to Miss X or its refusal to accept a new homeless application. It is reasonable for Miss X to pursue this matter through the courts.

The complaint

1. Miss X complained about the housing support the Council provided after she became homeless. She said it failed to offer her permanent social housing and instead suggested she should seek private rented accommodation.
2. She said the Council had since decided to end its housing duty towards her and issued a Notice to Quit on her temporary accommodation. She said it had refused to accept a new homeless application. She said the Council had not properly considered information she had provided about her child’s health and risk of exploitation. Miss X wants the Council to offer her permanent accommodation.

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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:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council accepted Miss X was homeless in 2023 and placed her in temporary accommodation. It accepted the main housing duty in November 2023. At this time, Miss X complained to the Council about delays in it offering her permanent accommodation and in progressing her housing benefit claim. The Council did not uphold her complaints. It explained there was a significant wait time for social housing and set out the amount of demand for a property meeting her requirements. There is not enough evidence of fault to justify our involvement.
9. The Council offered Miss X alternative temporary accommodation in October 2024. Miss X refused the accommodation. The Council subsequently ended its housing duty as it said Miss X had refused an offer of suitable accommodation. It issued a Notice to Quit for her to leave her existing temporary accommodation.
10. Miss X asked the Council to review both the decision the accommodation was suitable and its decision to end the main housing duty. The Council wrote to Miss X with the outcome of that review in February 2022. It upheld its initial decisions. It set out Miss X’s appeal rights if she disagreed with those decisions.
11. Where there is a specefic statutory right to appeal against the Council’s actions, we will not usually investigate. Only the Court can overturn the Council’s decision to end its main housing duty. It would have been reasonable for Miss X to use her right of appeal to the county court if she disagreed with the outcome of the Council’s review. Therefore, we will not investigate this complaint.
12. Miss X made a further homelessness application to the Council. It refused the application as it said her circumstances had not materially changed since its review. Miss X sought legal advice and challenged the Council’s decision stating it had failed to apply the law correctly. She also said the Council had failed to meet the Public Sector Equality Duty and set out her intention to progress to a Judicial Review if the Council did not accept her new homeless application
13. We will not investigate Miss X’s complaint the Council has not accepted a new homeless application. We could not direct the Council to accept a new homeless application, we could only ask it to review its decision if we considered there was fault in how it was made. Only the Court could overturn the Council’s initial decision. Therefore, we cannot achieve the outcome Miss X wants. In addition, Miss X had indicated she may make a claim against the Council for breaching the Equality Act 2010 and a claim for compensation. We cannot say the Council has breached the Equality Act, as this can only be done by the courts. Nor, can we award compensation in the way the courts can. Given Miss X has set out her intention to Judicially Review the Council and given the outcomes she seeks, it is reasonable for her to pursue this matter through the court.

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Final decision

14. We will not investigate Miss X’s complaint because it is reasonable for her to pursue through the court.

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Investigator's decision on behalf of the Ombudsman