The Ombudsman's final decision
Summary: We will not investigate this complaint about unsuitable temporary accommodation. This is because there is no worthwhile outcome achievable by our investigation, and Miss X is using her right of review.
The complaint
Miss X complains her temporary accommodation was unsuitable 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 has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by the Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X moved into a new temporary accommodation in March 2025. She complained it was unsuitable for her and her children on various grounds. Anyone who believes the Council’s offer is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the offer was unsuitable, the offer will not stand. If the review decides the offer was suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204) Miss X says she did not request a suitability review at the time as she was misled about the process.
Miss X instructed solicitors and submitted a suitability review in August. The process is still ongoing, and if Miss X is dissatisfied with the time the Council is taking, she has a right to appeal to county court after 8 weeks (unless she has agreed a longer time frame with the Council).
If the Council’s suitability review concludes the temporary accommodation is not suitable, the Council will have an immediate duty to offer suitable temporary accommodation. If it concludes it is suitable, Miss X will have the county court appeal right. As Miss X has already instructed solicitors, it is not unreasonable to expect her to use this route.
Final decision
We will not investigate Miss X’s complaint because there is no worthwhile outcome achievable by our investigation, and Miss X is using her right of review.
Investigator's decision on behalf of the Ombudsman