Summary: We will not investigate this complaint about the Council’s decision to end the main housing duty when Mr X was homeless. It was reasonable for Mr X to use his statutory right of appeal to the county court. It is open to him to ask the court for permission to make a late appeal.

The complaint

1. Mr X complained the Council wrongly ended its main housing duty, saying he had refused a final offer of accommodation. Mr X said he accepted the property, and it was the Council that had withdrawn the offer.
2. Mr X said the Council’s actions have left him homeless and meant he missed the opportunity to accept two other offers. He wanted the Council to accommodate his family.

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The Ombudsman’s role and powers

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

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My assessment

6. Mr X says he accepted a final offer of accommodation from the Council to relieve his homelessness. Mr X says that given he had accepted an offer, he refused two subsequent offers. He says the Council then withdrew the first offer, and ended the main housing duty.
7. Mr X asked the Council to review its decision to end the main housing duty. The Council issued a review response. This explained Mr X’s statutory right of appeal to the county court within 21 days.
8. Where someone has a statutory right of appeal, we will not normally consider the matter instead. Mr X was aware of his right of appeal. Legal aid is available for this process, and the courts are best placed to consider such matters. We are not an appeal body, and there is not a reason for us to consider the matter instead.
9. The court has discretion to consider a late appeal. It is open to Mr X to apply to the court to permission to make a late appeal.

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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