Summary: We will not investigate Miss X’s complaint about the Council’s decision that she is intentionally homeless. It is reasonable to expect Miss X to ask the Council for a statutory review of its decision.

The complaint

1. Miss X complains about the Council’s refusal to rehouse her after it decided she was intentionally homeless. Miss X disputes this. She wants the Council to reconsider its decision through its complaints procedure rather than its review process.

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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, or
• 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))

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 Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I will not investigate Miss X’s complaint. This is because it is reasonable for her to request a review of the Council’s decision through its statutory review process. And if she is dissatisfied with the review outcome, then it is reasonable to expect her to use her appeal rights to the county court. It is the appropriate body to review the Council’s decision.

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Final decision

8. We will not investigate Miss X’s complaint because it is reasonable for her to ask the Council for a review and then take the matter to court if she remains dissatisfied.

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Investigator's decision on behalf of the Ombudsman