The Ombudsman's final decision
Summary: We will not investigate this complaint about the suitability of temporary accommodation provided by the Council. This is because the complainant could have requested a suitability review and the Council is still willing to consider such a request.
The complaint
The complainant, Mrs X, says the temporary accommodation provided by the Council is unsuitable for her family’s needs. She says it is too far from schools and university and is affecting the family’s health. Mrs X wants the Council to provide permanent accommodation in a suitable area.
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 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 Mrs X and the Council. This includes the complaint correspondence and medical evidence. I also considered our Assessment Code.
My assessment
The Council offered Mrs X temporary accommodation. The offer letter said she could request a suitability review if she thought the property was unsuitable. Mrs X has complained to the Council about the property but she has not asked for a suitability review.
Mrs X says the property is unsuitable due to its location. Mrs X wants the Council to provide permanent accommodation in a suitable area.
Mrs X complained about the property but she did not ask for a suitability review. The Council is willing to do a suitability review if Mrs X requests one. If, after a review, the Council decides the property is suitable, Mrs X might have grounds to appeal to court on a point of law.
I will not investigate this complaint because Mrs X could have asked for a suitability review when the Council offered the property. Further, the Council will consider a review now if Mrs X submits a review request. It is reasonable to expect Mrs X to use her review rights because that is the appropriate way to deal with disputes about whether a property is suitable. It is not my role to decide if a property is suitable and we have no power to tell the Council it must move Mrs X to a different home.
Final decision
We will not investigate this complaint because Mrs X could have used her review rights and can still do so.
Investigator's decision on behalf of the Ombudsman