Summary: Ms X complains about the way the Council handled her homelessness application. We have no powers to investigate as Ms X used her legal right to appeal to a court.

The complaint

1. In short, Ms X complains that the Council’s handling of her homelessness application, made in 2024, was flawed.

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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 law says we cannot normally investigate a complaint when someone could take the matter to court. The courts have said that where someone has already sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (Local Government Act 1974, section 26(6)(c), as amended, and R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

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

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My assessment

5. The Council decided Ms X had made herself intentionally homeless. If a council decides an applicant is intentionally homeless, it has no duty to obtain housing for the applicant. After a review request to the council, the applicant can appeal to the county court on a point of law (Housing Act 1996, section 204).
6. Ms X has used her legal right to appeal the Council’s decision to the County Court. Therefore, we have no remit to investigate any matters in connection with Ms X’s homelessness application.

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Investigator's decision on behalf of the Ombudsman