Summary: We will not investigate Ms X’s complaint about the Council’s decision to end its main housing duty. It was reasonable for her to use her right of appeal to the County Court.

The complaint

1. Ms X complains about the Council’s decision to end its main housing duty after she ceased to occupy temporary accommodation it considered suitable. She says the accommodation was not suitable and the Council failed to properly consider her circumstances and medical evidence.
2. Ms X says the Council’s actions have affected her physical and mental health. She says she left the accommodation because she felt unsafe and believed she had no other option.
3. Ms X wants the Council to apologise, acknowledge its failings and provide a suitable remedy for the distress and harm it caused.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate
5. 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)
6. The County Court deals with appeals about homelessness decisions.

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How I considered this complaint

7. I considered information provided by Ms X.
8. I also considered the Ombudsman’s Assessment Code.

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My assessment

9. We will not investigate the Council’s decision to end its main housing duty. The review decision carried a right of appeal to the County Court on a point of law. Therefore, the Court could have considered whether the Council had acted lawfully in deciding the accommodation was suitable and whether it was entitled to end its main housing duty. The Ombudsman is not an alternative appeal body.
10. I have seen no evidence to suggest it was unreasonable for Ms X to use her right of appeal to the County Court. Therefore, we will not investigate.

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Final decision

11. We will not investigate Ms X’s complaint because it was reasonable for her to appeal to the County Court.

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Investigator's decision on behalf of the Ombudsman