Summary: We will not investigate this complaint about an offer of housing. This is because Mr X could reasonably have used his right to go to court to challenge the Council.

The complaint

1. Mr X complains the Council made an unsuitable offer of housing to end its homelessness duty to him, because the property was near the home of a relative who had previously financially abused Mr X. He says this left him homelessn and caused distress.

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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. 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, or would have been, 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

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

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My assessment

5. When the Council offered Mr X the property, it told him of his legal right to request a review of the offer’s suitability. Mr X used that right. The Council reviewed the matter and maintained the property was suitable. The review decision letter told Mr X if he disagreed with the decision, he had the right to appeal county court on a point of law within 21 days. The letter advised Mr X how to get help appealing, including how to check if he was eligible for legal aid and find a solicitor. It also gave him the contact details of an advice agency for help with an appeal.
6. Mr X’s argument that the offer was unsuitable is essentially an argument that the Council did not properly consider the previous financial abuse when deciding the property was suitable. That is an argument about a point of law because there is extensive case law about what councils must consider when deciding suitability. Therefore the restriction described in paragraph 2 applies.
7. Where the law expressly provides an appeal right to a court, we normally expect people to use that right. Mr X told me he did not appeal to the court because he did not know how to. I am not persuaded that was a good reason for not appealing, since the Council had advised Mr X how to get advice and help to appeal. Mr X also told me he did not appeal because he thought a complaint to the Ombudsman should come before a court appeal. I see no basis for that view, since the Council’s letter did not mention the Ombudsman and said the next step was a court appeal. Also, the Council’s letter was clear that Mr X had 21 days to appeal to the court, yet Mr X did not complain to the Ombudsman for almost three months. Overall, I consider it would have been reasonable to expect Mr X to use his appeal right. I am not persuaded there are good reasons for the Ombudsman to investigate instead.

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Final decision

8. We will not investigate Mr X’s complaint because it would have been reasonable to expect Mr X to use his right to go to court.

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Investigator's decision on behalf of the Ombudsman