Summary: We will not investigate this complaint that the Council offered X unsuitable accommodation. This is because it was reasonable for X to have appealed to the County Court.

The complaint

1. X complains that the Council offered them an unsuitable property after she submitted a homelessness application. X says the Council failed to consider that the property did not meet the additional needs of X’s family.

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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. The Council has reviewed the suitability of the accommodation it has offered X. The Council decided on review that this accommodation is suitable.
7. X has a right of appeal to the county court on a point of law against this decision. This is the process set out in law for a person to challenge such a decision and we generally expect it to be used.
8. I will not investigate this complaint. I find it is reasonable for X to have appealed the Council’s decision.

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Final decision

9. We will not investigate X’s complaint because it was reasonable for them to have used their appeal to the County Court.

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Investigator's decision on behalf of the Ombudsman