Summary: We will not investigate Miss X’s complaint about her homelessness application. This because it is reasonable for Miss X to use her statutory right of appeal to the court.

The complaint

1. Miss X complains about the way the Council handled her homelessness application. She says the Council rejected her late review request of its decision in her homelessness application.
2. Miss X also complains that the Council delayed responding to her stage two complaint.

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The Ombudsman’s role and powers

3. 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).
4. 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 further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X made a homelessness application to the Council which was rejected. She had 21 days to ask for a review of the decision.
8. Miss X submitted her review request late and the Council rejected it.
9. The Council informed Miss X of her right to appeal to the County Court if she disagreed with the decision.
10. Where someone has a statutory right of appeal, we will not normally consider the matter instead. Miss X was aware of her right of appeal. We are not an appeal body, and there is not a reason for us to consider the matter instead.
11. The court has discretion to consider a late appeal. It is open to Miss X to apply to the court to permission to make a late appeal.
12. Miss X also complains that the Council delayed responding to her stage two complaint in relation to her homelessness application. However, the Council has already apologised for the delay and explained that it was caused by teething problems with its new complaint handling system. A further investigation by us would not lead to a different outcome.

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Final decision

13. We will not investigate she can ask for permission from the court to make a late appeal for her homelessness application. Also, the Council has already apologised for the delay in responding to her complaint and a further investigation by us would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman