Summary: We cannot investigate this complaint about the Council’s assessment of a homelessness application. It was reasonable for Mrs X to challenge the decisions by way of the review and appeals procedure. She has taken the matter to the County Court and we cannot investigate matters which have been subject to court proceedings regardless of the outcome.

The complaint

1. Mrs X complained about the Council’s handling of her homelessness application. She says she was offered unsuitable accommodation and when she refused this it ended its homelessness duty.

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The Ombudsman’s role and powers

2. 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)
3. The courts have said that where someone has 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. (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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X says she was offered unsuitable accommodation by the Council under its homelessness duty in 2024. She refused the accommodation because she says it was unsuitable for her medical needs and too far from her current location. The Council discharged its homelessness duty following the refusal and advised her of her right of review under s.202 of the Housing Act 1996 part 7.
7. Mrs X submitted a review request and this was determined in late 2024 by the Council. It rejected her claims that the accommodation was unsuitable or that its discharge of duty was unreasonable. Mrs X appealed the review decisions to the County Court in 2025. The Court dismissed her appeals and her homelessness case is closed.
8. We cannot investigate complaints about matters which have been subject to court proceedings, regardless of the outcome. Mrs X was offered the review and appeal remedies to challenge the Council’s decisions and was unsuccessful in her court action.

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Final decision

9. We will not investigate this complaint about the Council’s assessment of a homelessness application. It was reasonable for Mrs X to challenge the decisions by way of the review and appeals procedure. She has taken the matter to the County Court and we cannot investigate matters which have been subject to court proceedings regardless of the outcome.

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Investigator's decision on behalf of the Ombudsman