The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council placing Miss X in unsuitable accommodation and discriminating against her disability. This is because it is reasonable for Miss X to challenge the Council’s decision on suitability in court and there is insufficient evidence of fault for the remaining part of the complaint.
The complaint
Miss X complains the Council has placed her in unsuitable accommodation and discriminated against her disability. Miss X says this has caused her significant distress and she wants the Council to relocate her.
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 Act 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) 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 there is not enough evidence of fault to justify investigating (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
Miss X asked for a review of the suitability of the temporary accommodation offered. As part of the review the Council considered the points Miss X raised.
The review was very detailed and included consideration of Miss X’s disabilities, medical evidence, the distance between the property and the town centre, safety concerns and support with the costs of moving. But it decided the temporary accommodation was suitable.
Miss X had a right of appeal to the County Court on a point of law if she disagreed with the Council’s review decision that the accommodation was suitable. The Council told Miss X about this right. We will not usually investigate complaints where someone has, or had, a right of appeal unless it would be unreasonable to expect them to use it. I have seen no reason why it would be unreasonable for Miss X to appeal. We will therefore not investigate this part of the complaint.
I have seen no evidence the Council discriminated against Miss X because of her disability. The Council considered Miss X’s disability and relevant medical information as part of its review of the suitability of the accommodation. While Miss X disagrees with the Council’s decision, there is not enough evidence of fault in how the Council considered this matter to justify an investigation.
Final decision
We will not investigate Miss X’s complaint because she could challenge the Council decision on suitability in court and there is insufficient evidence of fault in the remaining part of the complaint.
Investigator's decision on behalf of the Ombudsman