Summary: We will not investigate this complaint about the Council’s decision to end its main housing duty to Mr X. Mr X can appeal the Council’s decision to the Magistrates Court on a point of law, and it is reasonable to expect him to do so.

The complaint

1. Mr X complained the Council wrongly decided to end its main housing duty to him and incorrectly upheld its decision in statutory review.
2. Mr X said this caused distress and left him in a homelessness crisis.
3. Mr X wants the Council to offer him accommodation.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

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

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My assessment

8. The Council considered Mr X’s homelessness application and decided it owed him the main housing duty.
9. Later, Mr X left the country for a period. The Council decided to withdraw the temporary accommodation it had provided to Mr X and end its main housing duty to him.
10. Mr X asked the Council to review its decision. The Council carried out a review which upheld its decision. The council advised Mr X of his right to appeal to the county court on a point of law, and of the period in which to appeal.
11. We consider our powers on what we could achieve as part of our consideration of whether an alternative remedy exists and whether it is reasonable for a person to use it.
12. We will not investigate Mr X’s complaint. As we cannot direct the Council to provide Mr X with accommodation nor overturn its decision, it is reasonable to expect Mr X to appeal to the county court.

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Final decision

13. We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal to the county court.

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Investigator's decision on behalf of the Ombudsman