Summary: We will not investigate this complaint about the Council’s handling of Mrs X’s homelessness application. This is because it was reasonable for her to challenge the decision by way of an appeal to the County Court.

The complaint

1. Mrs X says the Council wrongly decided she was not homeless. She says the accommodation is overcrowded and unsuitable for her household.
2. She says the Council ignored its own policy, relied on outdated legislation, and overlooked serious welfare concerns. She says the severe overcrowding is harming her family’s health, safety, and wellbeing. She wants the Council to overturn the decision, carry out a lawful reassessment, increase her priority on the housing register, provide compensation, and issue an apology.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mrs X applied to the Council as homeless because she believes her current home is unsuitable to occupy due to severe overcrowding.
8. The Council assessed Mrs X’s circumstances and decided she was not homeless.
9. Mrs X disagreed with the Council’s decision and asked for a review as she believed she met the homelessness criteria to treat a person as homeless, if it is not reasonable for them to continue living in their accommodation.
10. The Council reviewed the decision taking into consideration its policy, relevant laws and legislation and the statutory definitions of overcrowding set out in the Housing Act 1985. After completing its review, the Council upheld its original decision and advised Mrs X if she still disagreed, she would need to appeal to the County Court on a point of law.
11. The law expressly provides this route for challenging such decisions, so we normally expect people to use it. The court can make a binding decision and overturn the Council's decision if it sees fit, unlike the Ombudsman.
12. We will not investigate this complaint because Mrs X had a statutory right to appeal the Council’s decision to the County Court, and it was reasonable for her to use that right.

Back to top

Final decision

13. We will not investigate Mrs X’s complaint because it was reasonable for her to challenge the decision by way of an appeal to the County Court.

Back to top

Investigator's decision on behalf of the Ombudsman