Summary: We will not investigate this complaint about the suitability of temporary accommodation provided by the Council. It is reasonable for Miss X to ask the Council to carry out a statutory review of her application and to appeal to the courts if she is dissatisfied with the outcome.

The complaint

1. Miss X complained about the temporary accommodation she was provided with by the Council when she was accepted under the homelessness duty. She says the two-bedroom house is too small, is cold and damp and the front door opens directly into the room.

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The Ombudsman’s role and powers

2. 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 it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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

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

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My assessment

6. Miss X says the two-bedroom house which the Council provided as temporary accommodation when it accepted her homeless application is unsuitable for her housing needs. She says the house is too small for her three children and that it is cold, draughty and has a door opening directly into the living room. She also says the bathroom is showing signs of dampness.
7. She complained to the Council in November 2023. The Council responded and said that she had not reported any repairs in the previous months since the property was inspected in June. It arranged for a joint inspection the same month and some minor repairs were identified and draught proofing of the door was recommended. There was no indication of dampness in the property.
8. The Council advised Miss X that the property was suitable for her needs when she was offered the tenancy in 2021. Her children are under six years old and children under 2 years do not require additional bedroom space under the allocations policy. It says she would not be offered a 3-bedroom house because she is not currently overcrowded.
9. The Council has investigated the complaint under both stages of its complaints procedure. However, Miss X is entitled to ask for a separate statutory review of her temporary accommodation under s.202 of the Housing Act 1996. If this is unsuccessful and she remains dissatisfied she could appeal to the County Court to challenge the decision.
10. We will not investigate a complaint which carries a statutory review right as it is reasonable for Miss X to pursue this remedy.

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Final decision

11. We will not investigate this complaint about the suitability of temporary accommodation provided by the Council. It is reasonable for Miss X to ask the Council to carry out a statutory review of her application and to appeal to the courts if she is dissatisfied with the outcome.

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Investigator's decision on behalf of the Ombudsman