Summary: We will not investigate this complaint about the suitability of temporary accommodation offered to the complainant by the Council in accordance its homelessness duties. This is because these decisions carry review and appeal rights under the Housing Act 1996 and it would be reasonable for the complainant to exercise these.

The complaint

1. The complainant (Ms X) is complaining about the suitability of temporary accommodation offered to her by Council in accordance its homelessness duties. She says the accommodation offered to her is unsuitable for her and her child’s medical needs and alleges the Council failed to engage with medical evidence, and acknowledge her disability and mobility needs.
2. In addition, Ms X complains has wrongly stopped providing her and her child social support which had previously been given through social workers. She also says the Council failed to respond to her complaints in a timely manner.
3. In summary, Ms X says the alledged fault has had a significant impact on her and child’s health and wellbeing. As a desired outcome, she wants the Council to give her priority for accommodation which is suitable for her and child’s medical needs. She also wants the Council to assess her for social support, acknowledge its failings and pay compensation due to the impact caused.

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The Ombudsman’s role and powers

4. 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 per-son 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)).
5. 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).
6. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6).

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How I considered this complaint

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

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My assessment

8. The complaint primarily concerns the suitability of temporary accommodation offered by the Council under homelessness duties. These types of decisions carry review and appeal rights under the Housing Act 1996 (the Act) and we expect people to use these, unless it would be unreasonable for them to do so. There is no evidence to suggest it would be unreasonable for Ms X to request a review under s.202 of the Act. of the decision made by the Council, nor exercise her right of appeal to county court under s.204 of the Act on a point of law should be dissatisfied with the review decision.
9. However, subject to further information, the complaints raised by Ms X at set out at paragraph two (above) may be matters we can look at. This includes social support for her and her child and the Council’s complaint handling. However, at this stage, the issues raised have not exhausted the Council’s complaints policy and procedure. Once the Council has issued a final response the issues raised, Ms K may make a new complaint to us if she remains dissatisfied with those particular matters. The restriction I outline at paragraph six (above) applies.

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Final decision

10. We will not investigate this complaint. This is because the restrictions I outline at paragraphs four to six (above) apply.

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Investigator's decision on behalf of the Ombudsman