The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the suitability of her accommodation. This is because she had the right to take the matter to court and we consider it reasonable to expect her to do this.
The complaint
Miss X complains about the suitability of the temporary accommodation she has been placed in by the Council.
She also complains about the Council’s review decision. Miss X feels that the Council did not take her health issues into account.
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 Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X is in temporary accommodation. She complains about the location of the accommodation. She says her living situation has affected her health. Miss X asked the Council to review the suitability of the accommodation.
The Council carried out a review and issued its decision in August 2025. It decided that Miss X was suitably housed.
Miss X had the right to appeal to the County Court if she disagreed with the Council’s review decision. I consider that it is reasonable to expect her to have done this.
Final decision
We will not investigate Miss X’s complaint because she had appeal rights which she could have exercised.
Investigator's decision on behalf of the Ombudsman