Summary: We will not investigate this complaint about the Council’s alleged failure to make a suitable offer of accommodation to Miss X. This is because Miss X has a right of appeal regarding the Council’s decision, and it would be reasonable for her to use it.

The complaint

1. Miss X made several complaints about the Council’s management of her homelessness application and the properties it offered her. She said the Council’s actions caused her distress and kept her and her children homeless.

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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. 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

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X made a homeless application to the Council in late 2023. The Council told Miss X it owed her the main housing duty in late 2024 and offered her a property soon after this.
7. Miss X said the property was unsuitable for her and turned it down. The Council told Miss X it no longer had a duty to house her, and Miss X asked for a review of the decision. The Council initially maintained its decision before overturning it and offering her further accommodation which Miss X again declined as unsuitable. The Council told Miss X she could appeal the decision at the County Court.
8. Miss X complained to the Council about the offer as well as many other issues with the application process and the Council’s failure to offer her temporary accommodation. The Council upheld the complaint due to the delay in carrying out the review but told her it did offer her temporary accommodation after her arrangements with friends and family fell through.
9. The Ombudsman does not investigate complaints where the complainant has a right of appeal. The Council informed Miss X she could appeal to the County Court regarding her unhappiness with the property. It would have been reasonable for Miss X to use her right of appeal.
10. The evidence shows the Council delayed responding to Miss X’s request for a review of the decision. The Council has acknowledged this and apologised for the effect this had on Miss X. There is no evidence that shows the delay caused Miss X significant injustice.

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Final decision

11. We will not investigate Miss X’s complaint because Miss X had a right of appeal regarding the Council’s decision, and it would be reasonable for her to use it.

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Investigator's decision on behalf of the Ombudsman