The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s offer of accommodation. It would have been reasonable for Mr X to ask the Council for a review.
The complaint
Mr X complains about the Council’s decision to place him in an accommodation which he says is unsuitable.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X’s complaint. Evidence shows the Council informed Mr X of his right to request a review if he was unhappy with the accommodation offered. It would have been reasonable for him to ask the Council for a suitability review at the time to allow his concerns to be formally addressed through its statutory review process.
Final decision
We will not investigate Mr X’s complaint because it would have been reasonable for him to ask the Council for a suitability review.
Investigator's decision on behalf of the Ombudsman