Summary: We will not investigate this complaint about the Council’s decision to end the main housing duty when Ms X was homeless. It was reasonable for Ms X to use her statutory right of appeal to the county court, and the Information Commissioner is best placed to consider complaints about how the Council handled her data.

The complaint

1. Ms X complained about the Council’s decision to bring the main housing duty to an end when Ms X refused a final offer of accommodation after she had been homeless. Ms X said the Council failed to follow proper process in its review of this decision and considered the wrong information. Ms X also said the Council committed a data breach.
2. Ms X said the matter led to her sleeping rough, exacerbating her mental and physical health issues. She wanted the Council to recognise her vulnerabilities and house her.

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The Ombudsman’s role and powers

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. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X’s complaint is about the Council’s decision to bring the main housing duty to an end. It says it did so because she refused an offer of permanent accommodation it considered suitable.
8. Ms X had a statutory right of appeal in relation to both the suitability of the accommodation the Council offered her and its decision to end the main housing duty. The Council told Ms X about her right of appeal.
9. Where appeal rights exist, we will normally not consider the matter instead. The courts are best placed to do so, and legal aid is available.
10. There is no apparent reason that it would have been unreasonable for Ms X to use her statutory right of appeal in this case. I have considered the health problems she told us about and her current living circumstances. However, these circumstances did not prevent Ms X contacting us and she could instead have sought legal advice in order to appeal, as advised at the end of the Council’s review decision letter. It is open to Ms X to seek permission from the courts to submit a late appeal now.
11. Ms X’s complaint is also about the Council allegedly having committed a data breach. The Information Commissioner’s Office (ICO) is the organisation that considers complaints about how organisations handle people's data. The ICO is best placed to consider this complaint.

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Final decision

12. We will not investigate Ms X’s complaint because it was reasonable for Ms X to use her statutory right of appeal to the county court, and the Information Commissioner is best placed to consider complaints about how the Council handled her data.

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Investigator's decision on behalf of the Ombudsman