Summary: We will use our discretion not to investigate this complaint that the Council has not offered the complainant another property to stop her becoming homeless. This is because the complainant could have used her appeal rights.

The complaint

1. The complainant, Mrs X, says the Council offered an unsuitable property and has not offered an alternative. She wants the Council to reassess her situation and offer a property with a garden.

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The Ombudsman’s role and powers

2. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by Mrs X and our Assessment Code.

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My assessment

6. The Council accepted Mrs X as homeless and offered a three bedroom house. The Council offered the property before Mrs X was due to become homeless. Mrs X rejected the property because she said it was unsuitable. As part of her appeal she said the property was unsuitable because her child needs outdoor space for health reasons.
7. The Council considered Mrs X’s appeal and decided the property was suitable. The Council discharged its duty because Mrs X refused an offer of suitable housing. The Council told Mrs X she had 21 days to challenge the decision in court. The Council does not have any further responsibility to provide housing for Mrs X.
8. I will not start an investigation because Mrs X could have appealed to the court if she remained of the view that the offer was unsuitable. I have read the review decision which shows the Council carried out the review correctly, considered all the relevant issues, and explained why the property was suitable. It is not my role to say if the house was suitable and I have no power to ask the Council to make another offer. The court, however, would have decided if the offer was suitable and, if not, would have asked the Council to restore the housing duty and make another offer.
9. I appreciate Mrs X may now have been evicted but this is not something we can assist with.

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Final decision

10. We will use our discretion not to investigate this complaint because Mrs X could have appealed to the court.

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Investigator's decision on behalf of the Ombudsman