Summary: We will not investigate Miss X’s complaint about the Council’s decision to end its housing prevention duty as it considers her accommodation as suitable. This is because it is reasonable for Miss X to ultimately challenge the Council’s decision at court.

The complaint

1. Miss X complains the Council has ignored that she is in unsuitable accommodation after ending the prevention housing duty. Miss X says the accommodation is unsuitable due to her son’s medical needs and the Council has ignored her medical evidence.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act 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 information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)
7. Miss X has asked the Council to reconsider its decision and review the suitability of the accommodation where she is living. Since Miss X complained to us the Council has confirmed there is a review ongoing. Miss X will have a right of appeal to the county court - on a point of law - if the review decision finds the accommodation is suitable.
8. We will not investigate Miss X’s complaint that her accommodation is unsuitable. This is because Miss X may put in an appeal to the county court. This is the process set out in law for a person to challenge the suitability of accommodation and I find it is reasonable for Miss X to put in an appeal.

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Final decision

9. We will not investigate this complaint. This is because it is reasonable for Miss X to put in an appeal to the county court.

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Investigator's decision on behalf of the Ombudsman