Summary: We will not investigate this complaint about the Council’s review of Miss X’s homelessness case decision. It was reasonable for her to challenge the decision by appealing to the County Court if she disagreed.

The complaint

1. Miss X says the Council had not processed her homelessness case review under s.202 of the Housing act 1996. Since she complained to us the Council has issued the review outcome and she has accepted rehousing.

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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:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint, or
• 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))

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How I considered this complaint

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

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My assessment

5. Miss X says the Council failed to make a decision on the review under s.202 of the Housing Act 1996 which her solicitors requested in March. It should have been issued within 8 weeks of the request which was on 27 March.
6. The Council asked for an extension until 27 June to obtain all the necessary information and it issued its decision on 10 July. The decision was that Miss X was considered no longer homeless because she had accepted a recent offer of accommodation in another area.
7. If Miss X disagreed with the outcome, it was reasonable for her to appeal to the court and she was legally represented at her review. We will not consider any of the other issues Miss X raised in her complaint which relate to her previous private -rented accommodation. These matters were considered in complaint reference 24018362 which was decided in April.

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Final decision

8. We will not investigate this complaint about the Council’s review of Miss X’s homelessness case decision. It was reasonable for her to challenge the decision by appealing to the County Court if she disagreed.

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Investigator's decision on behalf of the Ombudsman