Summary: We will not investigate this complaint about the suitability of temporary accommodation because Mrs X had review and appeal rights that it was reasonable for her to use.

The complaint

1. Mrs X complains the Council placed her and her family in unsuitable temporary accommodation risking their health and safety and causing distress. She is also unhappy with the Council’s complaint handling.

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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)
3. 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, or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X moved into temporary accommodation in March 2022. She complained to the Council in September 2022 and moved out in December 2022.
7. It was reasonable for Mrs X to ask the Council to review the suitability of her accommodation in March 2022 and to appeal to court if she was unhappy with its decision.
8. As to matters arising during Mrs X’s stay, once Mrs X complained to the Council it addressed any outstanding matters around cleanliness and repair. The Council also confirmed it had no control over third party actions which should be reported to the police. There is not enough evidence of fault by the Council and as Mrs X soon left the property there is no significant injustice.
9. Mrs X also seeks compensation for an injury suffered in the property. However, it is for the courts to determine liability for personal injury, therefore I will not investigate.
10. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

11. We will not investigate Mrs X’s complaint because it was reasonable for her to use review and appeal rights.

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Investigator's decision on behalf of the Ombudsman