The Ombudsman's final decision
Summary: We will not investigate this complaint about the suitability of temporary accommodation provided by the Council under its homelessness duty. It was reasonable for Miss X to ask for a statutory review of suitability the Council.
The complaint
Miss X says her temporary accommodation provided by the Council is unsuitable because she requires a separate room from her son who has a behavioural condition caused by the effect of the accommodation on his mental health.
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)) 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says she is living in temporary accommodation which is unsuitable because it is too small. Her son is sharing with her and has developed behavioural problems due to the stressful situation. Miss X is worried about her personal safety due to his change in behaviour and has asked the Council to move her to more suitable accommodation.
Miss X submitted a s.202 review of suitability request under the Housing Act 1996 in December 2024. The Council is still undertaking the review. If it is unsuccessful she has a further right of appeal to the County Court to challenge the decision.
We will not investigate a complaint where there is a review/appeal procedure available and it was reasonable for the complainant to use this procedure.
Final decision
We will not investigate this complaint about the suitability of temporary accommodation provided by the Council under its homelessness duty. It was reasonable for Miss X to ask for a statutory review of suitability the Council.
Investigator's decision on behalf of the Ombudsman