London Borough of Barking & Dagenham (24 023 208)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 01 Jun 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision Miss X is not eligible for housing assistance. It is reasonable for Miss X to use her statutory right of appeal to county court.
The complaint
- Miss X complained the Council decided she was not eligible for housing assistance and did not act in a timely way. Miss X said the matter has caused her distress and caused risk to her children’s welfare. She wanted the Council to provide her with housing.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X’s complaint is about the Council’s decision of February 2025 that she is not eligible for housing assistance. Miss X submitted a request for review of that decision. The Council was still considering that request when Miss X complained to us.
- Miss X will have a statutory right to appeal the Council’s decision, if not in her favour, to the county court. When the Council issues its decision it will explain this.
- There is not a good reason for the Ombudsman to consider a complaint about the matter instead of the courts. We are not an appeal body. Where someone has a statutory right of appeal, we would normally expect them to use it. There is no apparent reason in Miss X’s case that she could not use the statutory process.
- Miss X’s complaint is also about the Council’s timescales when considering her case. There is not sufficient justification to consider this alone when we will not investigate the substantive matter of the decision itself.
Final decision
- We will not investigate Miss X’s complaint because it is reasonable for her to use her statutory right of appeal to the county court.
Investigator's decision on behalf of the Ombudsman