Summary: We will not investigate this complaint about the Council’s decision to end its homelessness duty to Mr Y. It is reasonable to expect Mr Y to have used his right of appeal to the County Court against the Council’s decision.

The complaint

1. Mr Y complains about the Council’s handling of his homelessness application. He says the Council discriminated against him due to his disability when it decided temporary accommodation offered to him was suitable and ended its homelessness duty.
2. Mr Y says as a result he and his family are homeless and he is unable to care for his family.

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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.
4. 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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr Y made a homelessness application. The Council accepted a homelessness duty and offered temporary accommodation to Mr Y and his family. Mr Y refused the property as he considered it would not be suitable for his disability and it would not meet his family’s needs. The Council notified Mr Y that it considered the property was suitable, so it had ended its homelessness duty.
8. Mr Y requested a review of the decision through his legal representative. He said the Council discriminated against him due to his disability when offering the property. He said the Council should not end its homelessness duty because of this.
9. The Council completed the review. It confirmed its decision to end the homelessness duty as it considered the property offered was suitable temporary accommodation for Mr Y and his family. The Council’s letter to Mr Y notifying him of the decision explained that he now had the right to appeal on a point of law to the County Court.
10. We will not investigate Mr Y’s complaint. Mr Y considered the Council did not properly consider his disability and discriminated against him when deciding the property was suitable temporary accommodation. So, Mr Y could have appealed to the County Court on a point of law. He also had access to legal representation. So, it is reasonable to expect Mr Y to have used his right of appeal to the County Court against the Council’s decision to end the homelessness duty.

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Final decision

11. We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to have used his right of appeal to the Councy Court against the Council’s decision to end the homelessness duty.

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Investigator's decision on behalf of the Ombudsman