Summary: We will not investigate this complaint about the suitability of temporary accommodation provided by the Council under its homelessness duty. It was reasonable for Miss X to appeal against the Council’s review decision if she wished to challenge it.

The complaint

1. Miss X complained about the temporary accommodation which the Council placed her in. She says it is overcrowded because she requires two bedrooms for herself and her adult son and there is only one. She also reported repair problems related to mould growth and drain smells.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Miss X says the temporary accommodation provided by the Council under its homelessness duty is unsuitable for her needs because it is only 1-bedroom accommodation and she requires two bedrooms for herself and her adult son who is her carer.
6. The Council told her that the accommodation is rented as a 2-bedroom property and that the second bedroom meets the space standards set out in the Housing Act 1985 for overcrowding purposes. It says that the second bedroom is full of furniture which makes it unusable and also is causing condensation/mould issues due to lack of air circulation.
7. Miss X challenged the Council’s decision under the review procedure provided by s.202 of the Housing Act 1996 part 7. The Council carried out the review in December 2024 and concluded that the accommodation was 2-bedroomed and met her family needs. It also considered her complaints about mould and smells from drains outside. It says that the kitchen waste outlet was blocked by leaves and it is the tenant’s responsibility to maintain this. The management agents cleared this and said that any mould growth was due to lack of ventilation, insufficient daylight and too much furniture near the walls.
8. The review did not uphold Miss X’s challenge and the review decision informed her of her right to appeal the decision to the court within 21 days. She did not pursue this remedy.
9. We cannot overturn a council’s decision on a homelessness application where there is no fault in the process. It is reasonable for someone to follow the review/appeal procedure provided by the legislation and Miss X did so for the review stage. We will not consider this matter further.

Back to top

Final decision

10. We will not investigate this complaint about the suitability of temporary accommodation provided by the Council under its homelessness duty. It was reasonable for Miss X to appeal against the Council’s review decision if she wished to challenge it.

Back to top

Investigator's decision on behalf of the Ombudsman