Summary: We will not investigate this complaint about the Council’s offer of housing. This is because it would have been reasonable for Miss X to use her right to appeal to the county court against the Council’s decision.

The complaint

1. Miss X complained that the Council’s offer of housing was unsuitable for her needs.

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.)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council’s response. I have also considered the Council’s housing allocations policy.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Miss X was homeless and the Council had a duty to offer her a property. It offered a property Miss X considered unsuitable. The Council reviewed the matter and upheld its view that the property was suitable. The Council wrote to Miss X and told her it had satisfied its homelessness duty by making an offer of reasonable accommodation. The letter advised Miss X of her right of appeal to the County Court within 21 days on a point of law. (Housing Act 1996, section 204). The question of whether the property was ‘suitable’ in terms of homelessness law is a point of law. So the restriction in paragraph 2 applies to this complaint.
6. The law expressly provides this route for challenging these decisions. The court can overturn the Council’s decision and make a binding order if it sees fit. So we normally expect people to use the appeal right.
7. There might have been a potential cost to court action, but that is not in itself automatically a reason to consider court action unreasonable. Miss X could have got help with court costs if she was eligible and could have asked for her costs if the court action succeeded.
8. Miss X mentioned health problems. However, Miss X was able to complain to the Council and to us. I have not seen evidence that such problems actually prevented Miss X appealing, with help if necessary, when she had the appeal right.
9. Miss X complained to us on the last day of the 21-day period for appealing to court. However, the Council did not tell Miss X that complaining to us was the appropriate way to challenge the suitability of the offer. The Council’s letter was clear that the court appeal right was the way to challenge the Council.

Back to top

Final decision

10. We will not investigate Miss X’s complaint because it was reasonable for her to have used her right to appeal to the County Court against the Council’s decision.

Back to top

Investigator's decision on behalf of the Ombudsman