Summary: We will not investigate Miss X’s complaint about the Council’s decision to refer her homelessness application to another housing authority. This is because it is reasonable to expect Miss X to use her appeal rights to a court.

The complaint

1. Miss X complains about the Council’s decision to refer her homelessness application to another housing authority. She disagrees with the outcome of the Council’s review of its decision.

Back to top

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.
3. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

Final decision

7. We will not investigate Miss X’s complaint because it would have been reasonable for Miss X to use her appeal rights to the county court. It is the appropriate body to review the Council’s decision.

Back to top

Investigator's decision on behalf of the Ombudsman