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

The complaint

1. Mr X complained the Council wrongly ended its main housing duty when the family refused an offer of accommodation after having been homeless. He said the Council had not told the family they would only be made one offer, so they could not make an informed decision to refuse it. Mr X said this resulted in the family losing their home and their priority status on the Council’s housing register.

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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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X and his family were placed in temporary accommodation after becoming homeless. Mr X says he did not receive a letter the Council says it sent in early 2025 that explained his family would receive only one offer of accommodation.
6. Mr X and his partner refused the offer of accommodation the Council made to them. The Council therefore ended its main housing duty.
7. Mr X asked the Council to review its decision. The Council issued a review response upholding its decision and explaining Mr X’s statutory right of appeal to the county court within 21 days.
8. Where someone has a statutory right of appeal, we normally expect them to use it. The Ombudsman is not an appeal body. The court is best placed to consider the matter, and legal aid is available for this process so cost is not a preventative factor.
9. There is no reason it was not possible for Mr X and his partner to use their right of appeal in this case. I have considered that English is not their first language, but this did not prevent them requesting a review of the Council’s decision or contacting us. They could have sought support to appeal the Council’s decision. Mr X’s claim he did not receive the letter in early 2025, and his concerns about suitability of the property the Council offered, were matters the family could reasonably have argued in court. We will not consider the matter instead.

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Final decision

10. We will not investigate Mr X’s complaint because it was reasonable for him to use his statutory right of appeal to the county court.

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Investigator's decision on behalf of the Ombudsman