Summary: We will not investigate Mr X’s complaint about his homelessness application. Mr X had the right to seek a review within 21 days and then appeal to the county court against the Council’s decision.

The complaint

1. Mr X complains the Council did not accept a relief duty towards him.

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The Ombudsman’s role and powers

2. 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, or 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X made a homelessness application. The Council decided Mr X was not in priority need so it did not have a duty to provide accommodation to him.
6. The Council notified Mr X that it considered he was not priority need so it did not have duty to accommodate him. It explained Mr X had the right to seek a review of this decision within 21 days.
7. 32 days later, Mr X requested a review. The Council refused the review request. In making this decision the Council considered whether there were exceptional circumstances where an out-of-date review request would be considered but determined there were not.
8. We will not investigate Mr X’s complaint about the Council deciding he was not in priority need. This is because Mr X had the right to seek a review of the decision and appeal to the county court on a point of law if the review was unsuccessful. It would have been reasonable for Mr X to have requested a review of the Council’s decision that he was not in priority need within 21 days of the decision.
9. There is insufficient evidence of fault in the way the Council decided not to accept the late review. The Council considered whether there were exceptional circumstances where a late review request would be accepted and decided there were not.

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Final decision

10. We will not investigate Mr X’s complaint. Mr X had the right to seek a review within 21 days and then appeal to the county court against the Council’s decision.

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Investigator's decision on behalf of the Ombudsman