Summary: We will not investigate Ms X’s complaint that the Council offered her unsuitable accommodation and ended its homelessness duty. This is because it was reasonable to expect her to use her legal right to appeal to court.

The complaint

1. In summary, Ms X complains about the actions of the Council in connection to its homelessness duty and its offer of accommodation to her. Ms X says the property was unsuitable and the Council wrongly ended its homelessness duty.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Ms X describes the accommodation offered to her as unsuitable for her medical and psychological conditions. She explains she suffered a brain haemorrhage following a fall and was admitted to hospital around the time the accommodation was offered. She says she lost consciousness, was hospitalised for several days, and as a result was unable to take up the accommodation. She says the Council nevertheless treated the offer as suitable and brought its homelessness duty to an end, leaving her without accommodation despite her health needs. She says she requires accommodation with a private bathroom and toilet because of her medical circumstances.
7. We will not investigate this complaint. This is because it was reasonable for Ms X to use her right of appeal to the County Court.
8. Parliament has provided a legal route to appeal to court for people who disagree with homelessness review decisions. After completing the statutory review process with the Council, an applicant has the right to appeal to the County Court on a point of law under section 204 of the Housing Act 1996.
9. The information provided shows the Council completed the review process. The information also shows Ms X has prepared a County Court appeal challenging the review decision under section 204 of the Housing Act 1996. That appeal raises the same substantive issues as those brought to the Ombudsman, including the suitability of the accommodation, consideration of her medical evidence, the Council's assessment of her circumstances, procedural fairness, compliance with the Equality Act 2010 and the ending of the homelessness duty.
10. The law provides Ms X with a right of appeal to the County Court. As the substantive issues raised in her complaint are matters that the Court can consider through that appeal process, we will not investigate. The Court has powers to determine whether the Council acted lawfully in reaching its review decision and to provide an appropriate remedy if the appeal succeeds.
11. Therefore, we will not investigate as it is reasonable for Ms X to pursue the court remedy available to her. The Ombudsman is not an alternative route of appeal against decisions that can properly be considered by the courts.

Back to top

Final decision

12. We will not investigate Ms X’s complaint because it was reasonable to expect her to go to court.

Back to top

Investigator's decision on behalf of the Ombudsman