Summary: We will not investigate this complaint about the Council’s review of suitability of Ms X’s accommodation. It is reasonable for her to appeal to the County Court against the review outcome.

The complaint

1. Ms X complained about the outcome of a review of the suitability of her current housing association accommodation. She says the flat is unsuitable for her son’s medical needs and that the Council has not given sufficient consideration to this. She says her son needs a property with a self-contained garden.

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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 asked the Council to review the suitability of her current housing association tenancy. She signed the tenancy after successfully bidding on it from temporary accommodation. She told the Council that it was not suitable for her son’s medical needs which have increased since she signed the agreement.
6. The Council previously told Ms X that she had signed for the tenancy against advice from an Occupational Therapist but she considered she did not need a garden at the time. She says that the Council’s latest assessment of her needs from 2022 does not take into account her son’s issues with autism and vision limitations which make a flat unsuitable. The Council previously carried out a medical review at her request and identified her needs as a ground floor flat with limited steps.
7. She asked for a review under s.202 of the Housing Act 1996 regarding the suitability of her accommodation. The Council took into account all the medical evidence made available but did not change its view on her housing needs. It says that her son’s requirements for playing outside safely can be met by the use of nearby open space with supervision and a self-contained garden is not a requirement.
8. Ms X disagrees with the council’s decision. The decision advised Ms X that she may challenge it by way of an appeal to the County Court on a point of law under s.204 of the Act.
9. We will not investigate a complaint where there is a right of appeal to a tribunal or the courts available, and it is reasonable for Ms X to pursue this remedy.

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Final decision

10. We will not investigate this complaint about the Council’s review of suitability of Ms X’s accommodation. It is reasonable for her to appeal to the County Court against the review outcome.

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Investigator's decision on behalf of the Ombudsman