Summary: We will not investigate this complaint about the Council’s decision on Mr X’s homeless application. It was reasonable for him to ask for a statutory review of the decision and the Council advised him of this right.

The complaint

1. Mr X complained about the Council referring him to another council when he submitted a homeless application. He says that it should respect his right to apply to any council of his choosing.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered the information provided by the complainant and the Council’s decision on his application.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X applied to the Council as homeless. He says he has made other applications to councils but has a right to apply to whichever council he approaches. The Council assessed his application and decided that he had no local connection with the authority. It identified that he had a local connection with another council and told him it was referring him to that authority where it would arrange interim accommodation.
6. Mr X says the Council should have accepted a homelessness duty for him. The Council says it referred him using the protocol of s.198 of the Housing Act 1996 which allows an authority to refer someone to a different council where they have local connections. The decision letter advised Mr X of his right to challenge the decision by way of a review under s.202 of the Housing Act 1996 Part 7.
7. We will not investigate complaints about homelessness matters where there is a statutory right of review available and a council has advised them of this. Interpretation of housing legislation and guidance is determined by the courts and if any review is unsuccessful the applicant has a further right of appeal to the County Court on a point of law.

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Final decision

8. We will not investigate this complaint about the Council’s decision on Mr X’s homeless application. It was reasonable for him to ask for a statutory review of the decision and the Council advised him of this right.

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Investigator's decision on behalf of the Ombudsman