Summary: We will not investigate this complaint about the Council’s offer of accommodation and decision to end its homelessness duty to Mr X. It is reasonable to expect Mr X to appeal this decision in the County Court.

The complaint

1. Mr X complained the Council made an offer of unsuitable accommodation for his family. Mr X said he declined the offer and the Council ended its homelessness duty.
2. Mr X said the matter has had a significant impact on all his family.

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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 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

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

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My assessment

7. Mr X asked the Council to review the suitability of the accommodation it offered to him.
8. The Council completed the review. It maintained its decision to end the homelessness duty as it considered the property offered was suitable for Mr X and his family. The Council’s letter to Mr X notifying him of the decision explained that he now had the right to appeal on a point of law to the County Court.
9. We will not investigate Mr X’s complaint. It would be reasonable to expect Mr X to use his right of appeal to the County Court. The right is set out in law and only the court can reconsider the Council’s decision.

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Final decision

10. We will not investigate Mr X’s complaint because it would be reasonable for him to appeal to the County Court.

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Investigator's decision on behalf of the Ombudsman