Summary: We will not investigate Mr X’s complaint about the Council’s offer of a property and discharge of its housing duty towards him. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. I find it was reasonable for Mr X to have used his legal right of appeal to challenge the Council’s decision.

The complaint

1. Mr X complains about the Council’s decision to discharge its housing duty towards him by offering him a property that he says is wholly unsuitable.
2. Mr X says the Council’s property is sheltered housing and his younger partner is not allowed to stay with him which breaches his human rights. He also says the property is unsuitable due to his medical conditions.

Back to top

The Ombudsman’s role and powers

3. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. 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

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

Back to top

My assessment

7. In August 2024, the Council’s final complaint response acknowledged that Mr X had sought a review as allowed under the S202 of the Housing Act, 1996.
8. Councils must complete reviews of the following decisions within eight weeks of the date of the review request:

• eligibility for assistance;
• not in priority need;
• intentionally homeless;
• suitability of accommodation;
• notice being given of deliberate and unreasonable refusal to cooperate and the effect of the notice is to bring the relief duty to an end.

(These periods can be extended if the applicant agrees in writing). The Council must advise applicants of their right to appeal to the county court on a point of law, and of the period in which to appeal. Applicants can also appeal if the Council takes more than the prescribed time to complete the review. (Housing Act 1996, sections 202, 203 and 204)

9. We will not investigate. Mr X had the right to appeal the Council’s decision to the county court on the suitability of the accommodation in question as he says his particular housing needs have not been taken in to account by the Council. I am satisfied it was reasonable for Mr X to have used his right of appeal.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. I find it was reasonable for him to have used his statutory right of appeal to the county court to challenge the Council’s decision.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman