The Ombudsman's final decision
Summary: We will not investigate this complaint about Miss X’s temporary accommodation. It is reasonable to expect Miss X to ask the Council to review the accommodation’s suitability.
The complaint
Miss X says the Council has left her and her children in unsuitable temporary accommodation. She says this causes her and her children distress.
The Ombudsman’s role and powers
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 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))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) The Council provided temporary accommodation for Miss X and her children. Miss X believes the accommodation is now unsuitable because she and her children effectively share one room and because of the medical and behavioural needs of one of her children. She wants the Council to provide suitable accommodation.
The Council told Miss X how to ask it for a non-statutory review of her accommodation’s suitability. If that review were to conclude the accommodation was unsuitable, the Council would have to provide suitable accommodation. If the non-statutory review were to decide the current accommodation was suitable, Miss X would then have the right to ask for a statutory review of the accommodation’s suitability. (Housing Act 1996, section 202) If a statutory review decides a property is unsuitable, the Council must provide alternative temporary accommodation. If a statutory review decides the property is suitable, or if the Council does not make a decision within 56 days, the applicant could then challenge this on a point of law in the county court within 21 days. (Housing Act 1996, section 204) I have seen no evidence Miss X sought a non-statutory review or proceeded to ask for a statutory review. The law expressly provides this route for disputes about the suitability of temporary accommodation, so we normally expect people to do so. I have seen nothing to suggest Miss X could not reasonably ask the Council for a suitability review. That is the appropriate next step to address the question of whether Miss X’s accommodation is suitable.
Final decision
We will not investigate Miss X’s complaint because Miss X could reasonably ask the Council to review the suitability of her accommodation.
Investigator's decision on behalf of the Ombudsman