Summary: We will not investigate Miss X's complaint about the Council's actions in relation to her homelessness application. This is because she had a right of appeal to the County Court, and it would have been reasonable for her to use that right.

The complaint

1. Miss X complains the Council failed to properly manage its statutory duties in relation to her homelessness application, including failing to provide temporary accommodation and issuing a defective Personal Housing Plan (PHP). She says this caused distress and uncertainty for her and her children. She wants the Council to provide temporary accommodation, review and amend the PHP, and properly consider her circumstances and housing needs.

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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.

My assessment

6. Miss X made a homelessness application to the Council. The Council assessed her application and issued a Personal Housing Plan (PHP).
7. Miss X complained the Council failed to properly consider her circumstances, failed to provide temporary accommodation and issued an inadequate PHP.
8. The Council said because the issues Miss X raised concerned statutory homelessness decisions, her complaint fell outside its complaint’s procedure as statutory review and legal remedies were available.
9. Part 7 of the Housing Act 1996 gives homeless applicants the right to request reviews of homelessness decisions. Miss X exercised those rights and subsequently pursued an appeal to the County Court regarding the Council's decision to discharge its duty. It would have been reasonable for her to also pursue the available statutory remedies in relation to the other matters she complains about.
10. The law normally prevents us from investigating complaints where the complainant has used, or had available, a statutory review or court remedy. For these reasons we will not investigate Miss X’s complaint.

Final decision

11. We will not investigate Miss X's complaint because she had a right of appeal to the County Court, and it would have been reasonable for her to use that right.

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Investigator's decision on behalf of the Ombudsman