Summary: We will not investigate this complaint about the suitability of accommodation provided by the Council to end the complainant’s homelessness. This is because the complainant could reasonably appeal the housing decision in county court under the statutory appeals procedure.

The complaint

1. The complainant (Miss R) complains about the suitability of social housing provided to her by the Council to end her homelessness. In particular, she says the property is too small for a family of four. Mrs R requested a formal review of Council’s decision about the suitability of the housing which was offered to discharge its legal duty. The Council has reviewed its decision which Miss R disagrees with. She has therefore brought her complaint to the Ombudsman.
2. In summary, Miss R says the alleged fault has caused significant distress and anxiety, as well as impacting negatively on her family’s daily living. As a desired outcome, she wants the Council to provide alternative housing which is suitable for her family’s needs and size.

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The Ombudsman’s role and powers

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

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My assessment

5. Certain decisions on homelessness can be challenged by the complainant seeking a review and then exercising their right of appeal to county court on a point of law. The central issue of Miss R’s complaint relates to the suitability of accommodation offered in response to her homeless application and in accordance with the main housing duty under s193 of the Housing Act 1996.

6. This is a matter which carries a right of review, as well as appeal right to country court in accordance with s204 of the Housing Act 1996. The latter is referred to as the statutory appeals procedure. I note Miss R requested a review of the Council’s decision which she has since received of the outcome of. Normally we would not investigate complaints about these decisions where these review and appeal rights apply, as long as we are sure the complainant has been properly informed about their rights and the Council has acted on any review request.
7. The Council has responded to Miss R’s review and properly informed her of her right of appeal to county court where she can challenge the decision. I see no exceptional reason why Miss R cannot exercise this appeal right. We therefore have no legal jurisdiction to investigate this complaint.

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Final decision

8. We will not investigate this complaint as the complainant could reasonably appeal the housing decision in county court under the statutory appeals procedure.

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Investigator's decision on behalf of the Ombudsman