The Ombudsman's final decision
Summary: We will not investigate Miss B’s complaint that the Council offered her unsuitable accommodation after she was made homeless. This is because it is reasonable for Miss B to put in an appeal to the county court.
The complaint
The complainant, who I will refer to as Miss B, complains about the accommodation offered by the Council after she was made homeless and the Council accepted it owed her the main housing duty. Miss B says the property is private rented accommodation and only a one year contract. Miss B also says the Council was wrong to say it is a ground floor property because she has to climb 18 steps to access it. Miss B recently gave birth to twins and says she cannot carry both babies into the property at the same time, which is unsafe. Miss B would like the Council to move her to more suitable permanent accommodation.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act 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)
How I considered this complaint
I considered information provided by Miss B.
I considered the Ombudsman’s Assessment Code.
My assessment
Homeless applicants may request a review of the suitability of accommodation offered to the applicant after the main housing duty has been accepted. Councils must complete a suitability of accommodation review within eight weeks of the date of the review request. This period can be extended if the applicant agrees in writing.
In the review decision the council must advise an applicant of their right to appeal to the county court, and of the period in which to appeal.
Applicants can also appeal if the council takes more than the prescribed time to complete this review. (Housing Act 1996, sections 202, 203 and 204) Miss B has asked the Council to review the suitability of the offer of accommodation it made to her in performance of the main housing duty. This is the correct process to challenge the suitability of the Council’s offer of accommodation. The Council is currently considering Miss B’s review request.
If the Council maintains its decision that the property is suitable, or if the Council does not complete the review before the eight week deadline, Miss B may put in an appeal to the county court.
I find it is reasonable for Miss B to put in an appeal if needed. This is because it is the role of the courts, rather than the Ombudsman, to decide disputes about the suitability of accommodation offered in performance of the main housing duty. Also, Miss B has a solicitor representing her who would be able to help with the appeal process.
So, we will not investigate this complaint.
Final decision
We will not investigate Miss B’s complaint because it is reasonable for her to put in an appeal to the county court if needed.
Investigator's decision on behalf of the Ombudsman