Summary: We will not investigate this complaint about the Council’s decision to end the main housing duty. It is reasonable for Miss X to use her statutory right of appeal to the county court.

The complaint

1. Miss X complained the Council wrongly discharged its main housing duty and then delayed responding to her request for a review. She said this caused significant distress, financial hardship and housing insecurity for her family. She wanted the Council’s decision to be reviewed and overturned. She also wanted an apology and service improvements.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In late 2024, the Council issued a decision to end the main housing duty it owed Miss X. It said this was because Miss X refused a suitable offer of accommodation. Miss X asked the Council to review its decision as she said she had not refused the offer.
6. Miss X contacted us to complain about the matter. She said several months had passed yet she had not received a review decision from the Council.
7. If a review decision is not provided within the specified time limit, the applicant may appeal the original homelessness decision to the county court. Where a person has a statutory right of appeal we will not normally consider a complaint about the matter instead.
8. It is open to Miss X to appeal the Council’s decision of late November to the county court. Alternatively, should the Council now have issued a review decision, Miss X can appeal that decision.
9. There is no evident reason in this case why it would not be reasonable for Miss X to appeal the matter to the county court. Legal aid is available for such appeals, and the Ombudsman is not an appeal body. The courts are best placed to consider the matter.
10. It is not proportionate for us to consider a complaint about delay alone, when we are not investigating the substantive matter of the decision itself. While we would expect councils to deal with reviews promptly, the law allows for appeals to be made in such circumstances and this process provides a remedy for applicants where councils delay.

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Final decision

11. We will not investigate Miss X’s complaint because it is reasonable for her to exercise her statutory right of appeal to the county court.

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Investigator's decision on behalf of the Ombudsman