The Ombudsman's final decision
Summary: We will not investigate this complaint about the suitability of Council’s provision of temporary accommodation. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable for the complainant to challenge the decision on suitability in the County Court.
The complaint
Miss X complains the Council refuses to accept her temporary accommodation is unsuitable. She wants the Council to allocate her accommodation which she considers will be more suitable for her and her children.
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 Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Miss X’s complaint. The Council has carried out a review of her temporary accommodation and decided it is suitable. Miss X can challenge the suitability decision in the County Court under s.204 of the Housing Act 1996 if she disagrees with it.
Investigator's decision on behalf of the Ombudsman