Summary: We will not investigate this complaint about the Council’s handling of Ms X’s homelessness application. It was reasonable to expect Ms X to go to court.

The complaint

1. Ms X says the Council failed to consider her homelessness application in line with the law and its own procedures.
2. Ms X says the Council delayed in making decisions and treated her family unfairly.

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The Ombudsman’s role and powers

3. 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 or continue 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))
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. 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

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

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My assessment

7. If a council decides an applicant is intentionally homeless, it has no duty to obtain housing for the applicant. The applicant can ask the council to review the decision. (Housing Act 1996, section 202) If the review upholds the decision, the applicant can appeal to the county court on a point of law. (Housing Act 1996, section 204)
8. The Council decided Ms X was intentionally homeless. Ms X’s solicitor asked the Council to review its decision. The Council delayed in sending its review, upholding its decision, missing the statutory timescale of 56 days.
9. The Ombudsman can investigate complaints about delays in the review process. If a council has taken longer than the statutory review period to issue a review decision the applicant can apply directly to court.
10. While the Council did not inform Ms X that she could go to court once 56 days had passed, her solicitor could have done. So, there are no good reasons why Ms X could not have used her legal right to appeal to court.
11. Ms X argues the Council has not met the law in considering her application. This relates to the application of the legislation and case law about intentional homelessness, so they are points of law.
12. We will not investigate. It was reasonable to expect Ms X to go to court.

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Final decision

13. We will not investigate Ms X’s complaint because it was reasonable to expect her to use the court remedy the law provides for her complaint.

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Investigator's decision on behalf of the Ombudsman