Summary: We will not investigate this complaint about the Council’s decision to discharge its homelessness duty following Ms X’s refusal of an offer of alternative interim accommodation. It was reasonable for Ms X to use the review/appeal procedure for challenging the Council’s decision.

The complaint

1. Ms X says she was made an offer of alternative interim accommodation when she had just recently given birth. She says it was unreasonable for her to move home at such a time. The Council told her that because she had refused an offer it would end its interim accommodation duty and subsequently discharged its homelessness duty to her.

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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. We do not start or continue an investigation if we decide:

• it would be reasonable for the person to ask for a council review or appeal.
  (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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)

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How I considered this complaint

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

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My assessment

6. Ms X says the Council made her an offer to move to alternative interim accommodation under the homelessness Relief duty whilst her application was being considered. She says she had given birth only a short time earlier and could not accept the offer to move to another neighbourhood.
7. The Council told her that because she had refused a suitable offer it was going to cancel her current accommodation and discharge its homelessness duty. The Council accepted Ms X’s challenge to the discharge of duty decision under s.193 of the Housing Act 1996 and told her she could remain in the accommodation until the review was completed.
8. Where there is a right of review of a homelessness decision available under s.202 of the Act we would expect someone to use that remedy. We cannot overturn a council’s decision on a homelessness application and if Ms X’s review is unsuccessful she will have a further right to challenge the decision by way of an appeal to the County Court.

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Final decision

9. We will not investigate this complaint about the Council’s decision to discharge its homelessness duty following Ms X’s refusal of an offer of alternative interim accommodation. It was reasonable for Ms X to use the review/appeal procedure for challenging the Council’s decision.

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Investigator's decision on behalf of the Ombudsman