The Ombudsman's final decision
Summary: We will not investigate this complaint about the suitability of Miss X’s accommodation. This is because it is outside our jurisdiction as it was reasonable for Miss X to have used her right of appeal to the County Court.
The complaint
Miss X complains about the suitability of her accommodation. She says it is not suitable for her and her babies needs and because it is in a state of disrepair.
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 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X accepted a final offer of accommodation from the Council in July 2022. She requested a review of the suitability of the accommodation.
The Council completed its review in September 2022 and set out its decision and reasons for why it considered the accommodation to be suitable for Miss X.
Miss X had the right of appeal to the County Court to challenge the Council’s decision. The Council appropriately informed Miss X of her right of appeal when it issued its suitability review decision letter. It is reasonable to have expected Miss X to use this right of appeal if she considered the Council’s decision was wrong.
Miss X has not provided any good reasons for why she could not use her right of appeal or why it was unreasonable for her to have appealed. Therefore, I have not exercised discretion to consider her complaint.
Final decision
We will not investigate Miss X’s complaint because it is outside our jurisdiction. This is because it was reasonable for Miss X to have used her right of appeal to the County Court.
Investigator's decision on behalf of the Ombudsman