Summary: We will not exercise discretion to investigate this complaint about suitability of the Council’s offer of accommodation under its homeless duty to Ms X. It was reasonable for her to challenge the review decision by way of an appeal to the court.

The complaint

1. Ms X complained about the suitability of accommodation offered to her under the Council’s homeless duty. She says the 3-bedroom property is too small for her family because her son’s have medical needs which the Council has ignored.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X was accepted by the Council as homeless and was made a final offer of accommodation under Part 6 of the Housing Act 1996 in June 2021. The property offered has three bedrooms and Ms X says her three sons require separate bedrooms because two of the have recognised behavioural disorders which she has medical confirmation of. She says this means she needs a four-bedroom property.
6. The Council told her that it considered the property it offered suitable for her family needs and advised her of her right of review of the decision under the above legislation.
7. Ms X’s solicitors submitted a review request, and this was completed by an independent reviewer. The review concluded that the original decision was correct and that the supporting evidence had been considered. It advised Ms X’s solicitors of the outcome and her right to appeal to the County Court if she wished to challenge the decision under the Housing Act 1996.
8. Ms X instead complained to us and asked us to determine if the offer of accommodation was lawful. The Council has followed the correct procedure for processing Ms X’s homeless application and made an offer of accommodation which it considered suitable. It is not our role to determine points of law. Homeless caselaw has determined how councils should consider applications and offers and Ms X would need to challenge the decision in the courts if she believes it is unreasonable.
9. Ms X was legally represented in support of her review request and her solicitors were aware of the appeal remedy and the timescale for appealing, so it was reasonable for her to do so.

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Final decision

10. We will not exercise discretion to investigate this complaint about suitability of the Council’s offer of accommodation under its homeless duty to Ms X. It was reasonable for her to challenge the review decision by way of an appeal to the court.

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Investigator's decision on behalf of the Ombudsman