Summary: We will not investigate Ms X’s complaint about the Council’s handling of her homelessness application. It is reasonable to expect Ms X to have appealed to the county court against the Council’s decision to end the prevention duty.

The complaint

1. Ms X complains about the Council’s decision to end the prevention duty as it considered accommodation offered to Ms X was suitable for her needs. Ms X considers the Council’s actions caused her to lose housing priority points and caused distress to her.

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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. 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

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. Ms X made a homelessness application and the Council accepted the prevention duty. The Council offered a property to Miss X. Miss X refused the property as she considered it did not meet her medical needs. The Council ended the prevention duty as it considered the property was reasonable and suitable for Miss X’s needs.
7. Miss X requested a review of the Council’s decision that the property offered was suitable and its decision to end the prevention duty. The Council considered Ms X’s request. It confirmed its decision to end the prevention duty as it remained of the view that the property offered to Ms X was suitable for her needs. The Council’s letter to Ms X notifying her of the decision explained she had the right to appeal to the county court on a point of law.
8. We will not investigate Ms X’s complaint. Ms X had the right to appeal to the county court on a point of law against the Council’s decision about the suitability of the offer and its decision to end the prevention duty. Ms X’s emails to the Council show she was disputing the Council’s decision on points of law, including that its decision breached the Equality Act. The Council notified Ms X of her right of appeal and Ms X was aware of how to seek legal representation. It is therefore reasonable to expect Ms X to have appealed to the county court.

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Final decision

9. We will not investigate Ms X’s complaint as it is reasonable to have expected her to appeal to the county court.

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Investigator's decision on behalf of the Ombudsman