Summary: We will not investigate this complaint about the Council offering unsuitable accommodation in 2023. It was reasonable for Miss X to ask for a review of suitability at the time. The Council has since agreed to allow her to bid on more suitable properties for her current family needs.

The complaint

1. Miss X complained about the Council making her a final offer of accommodation under its homelessness duty in 2023. She says the accommodation was unsuitable because it involved an upstairs flat but her son is disabled and cannot manage stairs. She wanted the Council to provide her with suitable accommodation for her needs.

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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:

• we could not add to any previous investigation by the organisation, or
• 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))

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How I considered this complaint

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

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My assessment

5. Miss X says she was offered accommodation as a final offer in 2023 when she was homeless. The property offered was an upstairs private-rented flat when the Council was aware that her son was disabled and needed ground floor. She accepted the flat and five months later questioned its suitability.
6. The Council investigated Miss X’s complaint and found that the private housing provider had misinformed it about the flat which it had said was on the ground floor. The Council found out also that Miss X had never moved into the flat with her children and so says should not have been entitled to 2-bedroom accommodation as requested on her homeless application. Neither the housing provider nor Miss X informed the Council about this when the tenancy was signed for.
7. The Council accepted that the accommodation was not as it described to Miss X when it made a final offer and so it used its discretion to re-open her application to allow her to receive further offers. Miss X says she is in arrears with the rent because it is unaffordable on her own. The Council has agreed to pay half of the £7,000 rent arrears as a gesture of goodwill.
8. Since she complained to us Miss X has been made a further offer and has asked for it to be reviewed under s.202 of the Housing Act 1996 because she still believes this is unsuitable for her needs. She will be entitled to a further appeal to the courts if she remains dissatisfied.

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Final decision

9. We will not investigate this complaint about the Council offering unsuitable accommodation in 2023. It was reasonable for Miss X to ask for a review of suitability at the time. The Council has since agreed to allow her to bid on more suitable properties for her current family needs.

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Investigator's decision on behalf of the Ombudsman