Summary: We cannot investigate Mr X’s complaint about the Council’s assessment of his homelessness application. This is because he has used his right of appeal to the County Court.

The complaint

1. Mr X complains about the Council’s assessment of his homelessness application. He says the Council failed to consider relevant evidence and wrongly decided he was not in priority need. He says he is now homeless and sleeping in his car.
2. Mr X wants the Council to carry out a fresh assessment of his homelessness application, with proper consideration to relevant evidence. He also wants the Council to provide him interim accommodation while his case is being considered.

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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 courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
5. The County Court deals with appeals about homelessness applications.

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The evidence I have seen shows that Mr X has appealed the Council’s non-priority decision to the County Court. Therefore, we have no jurisdiction to investigate the Council’s assessment of his homelessness application. This is the case even though the Court has not yet decided on Mr X’s case or may not be able to provide a complete remedy for all the injustice claimed.
9. The Council says it did not receive a request for interim accommodation pending its review decision. I have also not seen evidence that Mr X asked for interim accommodation pending the review. Therefore, there is not enough on this point to justify us investigating. It remains open to Mr X to ask the Council for interim accommodation pending the court hearing.

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Final decision

10. We cannot investigate Mr X’s complaint because he has used his right of appeal to the County Court.

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Investigator's decision on behalf of the Ombudsman