Summary: We will not investigate this complaint about the Council’s decision on Mr X’s homeless application. This is because it would have been reasonable to expect Mr X to use his right of review.

The complaint

1. Mr X complains about the outcome of his homelessness assessment. He states the Council’s decision wrongly left him street homeless. He wanted his case to be reviewed.

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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 an investigation if we decide 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))
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council decided Mr X was homeless but not in priority need, so it had no duty to arrange housing for him.
7. Anyone dissatisfied with a decision they are not in priority need has the right to ask the Council to review decision. (Housing Act 1996, section 202) The law expressly provides this right for such situations, so we normally expect people to use it. The Council told Mr X of this right. A Council review might have changed the decision in Mr X’s favour, or given him a right to appeal to the county court if the review upheld the unfavourable decision. So the Council’s initial decision would not necessarily be the final position. As Mr X was informed of his right of review and is evidently able to pursue matters despite being street homeless, it is reasonable to expect Mr X to have used his review right.

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Final decision

8. We will not investigate Mr X’s complaint because it would have been reasonable for him to use his right of review about the Council’s decision.

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Investigator's decision on behalf of the Ombudsman