The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s offer of alternative temporary accommodation which Miss X says was unsuitable. It was reasonable for her to appeal to the court following a review of suitability of the accommodation.
The complaint
Miss X complained about the Council’s offer of alternative accommodation following an incident her previous accommodation. She says the offered property was too far away form her family and local networks and made it difficult for her to get to work which is over an hour away.
The Ombudsman’s role and powers
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’s review of suitability.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X was living in temporary accommodation when there was a stabbing incident at her home. she asked the Council to provide her with alternative accommodation for her and her daughters. The Council offered her a 3-bedroom flat which was located 20 miles from her current home.
Miss X says the accommodation was unsuitable because it was too far from her family networks and her employment. She asked the Council to review the suitability of the offer under s.202 of the housing Act 1996 part 7. The Council carried out the review in August 2024 and it concluded that the accommodation was suitable for Miss X’s needs and that there were good transport links and local medical, education and shopping facilities. It was also affordable for her budget.
The Council’s decision letter advised Miss X of her right to challenge the review decision to the County Court within 21 days. Miss X did not challenge the decision and she complained to us in January 2025.
We will not investigate this compalint because it was reasonable for Miss X to challenge the review of suitability decision by appealing to the court at the time.
Final decision
We will not investigate this complaint about the Council’s offer of alternative temporary accommodation which Miss X says was unsuitable. It was reasonable for her to appeal to the court following a review of suitability of the accommodation.
Investigator's decision on behalf of the Ombudsman