Summary: We will not investigate this complaint about the Council’s decision on Mr X’s homelessness application in 2023 or its court possession to recover his temporary accommodation in 2024. It was reasonable for him to appeal to the County Court in 2023 and we received his complaint about this outside the normal 12-month period for investigating complaints. We have no jurisdiction to investigate complaints about matters which have been subject to court proceedings.

The complaint

1. Mr X complained about the Council’s decision to discharge its homelessness duty in 2023 when he was offered a vacancy which he refused. He says the Council offered a property which was unsuitable for his medical needs. He also complained about the Council ending his housing application at the time and about it seeking a possession order in the courts in 2024 to recover the temporary accommodation he occupies. He says this was because he had complained about disrepair.

Back to top

The Ombudsman’s role and powers

2. 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)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

Back to top

How I considered this complaint

5. I considered the information provided by the complainant and the Council’s response.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X has occupied temporary accommodation since 2018, initially following his wife’s homeless application and through his own homeless application since 2020. In 2022 the Council offered Mr X alternative temporary accommodation. It considered that the first-floor 4-bedroom flat was suitable for his family’s needs and there were no medical reasonable for it being unsuitable.
8. Mr X refused the offer and asked for a review of suitability of the flat under s.202 of the Housing Act 1996. The Council carried out the review and considered his mental and physical health needs in detail. It remained of the view that the flat was suitable and advised Mr X of his right to challenge the decision in 21 days by appealing to the courts. He did not do so and the Council discharged its homelessness duty due to the refusal of the offer. This also ended Mr X’s housing application and right to remain in temporary accommodation.
9. In April 2024 the Council obtained a possession order from the County court to reclaim the temporary accommodation from Mr X. He has challenged the order due to concerns about unaddressed disrepair and says the order was obtained as revenge for his complaints. We cannot investigate complaints about matters which have been subject to court proceedings and are statute-barred from doing so.

Back to top

Final decision

10. We will not investigate this complaint about the Council’s decision on Mr X’s homelessness application in 2023 or its court possession to recover his temporary accommodation in 2024. It was reasonable for him to appeal to the County Court in 2023 and we received his complaint about this outside the normal 12-month period for investigating complaints. We have no jurisdiction to investigate complaints about matters which have been subject to court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman