Summary: We will not investigate this complaint about the suitability of the Council’s final offer of accommodation after Ms X was homeless. It was reasonable for Ms X to use her statutory right of appeal to the county court, and it is open to her to request a late appeal.

The complaint

1. Ms X complained about how the Council dealt with her homelessness application. She said it:
• told her to stay with a relative as it had nowhere to place her family;
• offered her an unsuitable property as its final offer of accommodation and ended its duty; and
• delayed considering her request for a review and refused her request.
2. Ms X said the matter has caused her significant distress and she has been homeless with her child for six months. She wanted the Council to reconsider her review request and offer her accommodation near to her support network.

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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. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

7. The suitability of the accommodation the Council offered Ms X, and its decision to end its housing duty, are matters Ms X can appeal to the county court on a point of law. We are not an appeal body, and where someone has a statutory right of appeal we would normally expect them to use that right. The courts are best placed to consider such decisions, and legal aid is available. It was reasonable for Ms X to use her right of appeal, which the Council explained to her in its response to her request for a review.
8. The timescale for appealing to court – 21 days - has now elapsed. If Ms X has not already submitted an appeal to the county court, it is open to her to submit a request for a late appeal. It is for the courts, not the Ombudsman, to decide whether the reasons for delay are valid. We will not consider a complaint about the matter instead.
9. Ms X raised peripheral matters with us, however she has not yet made a formal complaint to the Council. The law says we must allow the Council the opportunity to consider and respond to complaints before we will consider them. Should Ms X wish to progress a complaint about how the Council handled her application, she should complain to the Council initially.

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Final decision

10. We will not investigate Ms X’s complaint because it is about decisions that are reasonable for Ms X to appeal to the county court.

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Investigator's decision on behalf of the Ombudsman