Summary: Ms X complained about the Council placing her in temporary accommodation which she says is unsuitable for her needs. We should not investigate this complaint. This is because she had a right to a review of the accommodation, and it was reasonable for her to exercise that right.

The complaint

1. The complainant, who I will call Ms X, says the Council has placed her in temporary accommodation which is unsuitable for her and her children’s needs.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
3. it is unlikely we would find fault, or
4. it is unlikely further investigation will lead to a different outcome, or
5. it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X says the temporary accommodation the Council offered is unsuitable for the needs of her and her family.
9. When it offered her the temporary accommodation, the Council advised Ms X that she could ask for a review of the suitability of the accommodation, if she believes it is not suitable.
10. The Council has a duty to provide accommodation to those whom it has accepted as having a main homeless duty. The duty does not require it to provide permanent accommodation. Most Councils do not have sufficient permanent accommodation to meet demand and it is usually temporary accommodation which will be offered, sometimes for some years.
11. Ms X had a right to ask for a review of suitability of the temporary accommodation. The request should be made within 21 days of receiving the offer accommodation. However, the Council has discretion to accept a late review request.

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Final decision

12. I will not investigate this complaint. This is because Ms X could have asked for a review of the suitability of the temporary accommodation. It is also open to her to make a late request to the Council.

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Investigator's decision on behalf of the Ombudsman