London Borough of Bexley (25 000 737)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 24 Jun 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the suitability of a final offer of accommodation the Council made to Miss X when she was homeless. It was reasonable for Miss X to use her statutory right of appeal to the county court.
The complaint
- Miss X complained about the suitability of a final offer of accommodation the Council made her after she was homeless. She said the accommodation placed her and her children at risk. She wanted the Council to review the suitability of the accommodation and find her alternative accommodation.
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 was homeless and sought help from the Council. The Council made a final offer of accommodation and ended its relief duty at the end of 2024. It told Miss X she had the right to request a review of the suitability of the accommodation within 21 days.
- Miss X asked the Council to review the suitability of the accommodation, but she did so after 91 days. The Council replied saying she had not told it any reason for the delay or mitigating factors that prevented her seeking a review within the 21 days the law specified. The Council told her that her request was out of time.
- Where someone has a statutory right of appeal to court, we will not normally investigate the matter. It was reasonable in this case for Miss X to use her statutory right to request a review from the Council within 21 days. This would have provided her a statutory right of appeal to the county court. We will not investigate the matter instead of Miss X using her right of appeal.
Final decision
- We will not investigate Miss X’s complaint because it was reasonable for her to use her statutory right of appeal to the county court.
Investigator's decision on behalf of the Ombudsman