Summary: We will not investigate Miss X’s complaint about the Council’s decision that the property offered in discharge of its homelessness duty was suitable. It is reasonable to expect Miss X to have used her court appeal rights.

The complaint

1. Miss X complained the Council has provided her with unsuitable housing.
2. She says her medical needs are worsened due to the unsuitable housing and it is causing her financial difficulties. She says the Council should provide her with parking or move her to a property where this is available.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

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

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My assessment

7. A Council can end its homelessness duty by offering accommodation it considers suitable. Anyone who believes the Council’s offer is unsuitable can ask the Council to review the accommodation’s suitability (Housing Act 1996, section 202). If the review decides the offer was suitable, the applicant has the right to appeal to the county court on a point of law (Housing Act 1996, section 204).
8. In April 2024 Miss X was offered and accepted a tenancy from the Council.
9. Miss X says the property the Council provided was unsuitable for various reasons, including her medical needs and parking difficulties. Miss X used her right to request a review. The Council’s review decision letter upheld the decision that the offer was suitable and advised of the right to go to the county court on a point of law. It was reasonable for her to exercise her right of appeal. Therefore, we will not consider the complaint further.

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Final decision

10. We will not investigate Miss X’s complaint because it was reasonable to expect her to have used her court appeal rights.

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Investigator's decision on behalf of the Ombudsman