Summary: We will not investigate this complaint about the Council’s decision to end its homelessness duty. This is because it is reasonable to expect Mr X to appeal this decision in the County Court.

The complaint

1. Mr X complains about the Council’s decision to end its homelessness duty. He says the Council has disregarded his disabilities, and this has caused him significant distress. Mr X wants the Council to provide him with a permanent accommodation.

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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.

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My assessment

6. Mr X asked the Council to review its decision to end its homelessness duty.
7. The Council completed the review. It maintained its decision to end the homelessness duty as it said he was not in priority need for housing.
8. 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

9. 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