Summary: We will not investigate this complaint about the Council’s refusal to move Miss X from her temporary accommodation due to the actions of her neighbour. It is reasonable for her to ask the Council to review the suitability of her accommodation under the Housing Act 1996 Part 7.

The complaint

1. Miss X says her current temporary accommodation is unsuitable for her because of the activities of her neighbour. She has experienced violence in the past and says the neighbour’s home smells strongly of cannabis and other odours which permeate her home and clothing. She wants the Council to move her to alternative accommodation.

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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))

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How I considered this complaint

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

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My assessment

5. Miss X says she has been in temporary accommodation since the Council accepted her under its homelessness duty. She says her neighbour has been violent to her in 2024 which she reported to the Council. She says that her neighbour’s flat smells strongly of cannabis, smoke and body odour and that this permeates her own flat and makes her clothing and bedding smell of it.
6. Miss X complained to the Council in 2024 and says the Council dismissed her complaint as not having sufficient evidence to warrant her being considered for a move to other accommodation.
7. Section 206 of the Housing Act 1996 states that accommodation secured under Part 7 of the Act must be suitable. This includes temporary and final offers of accommodation following a homelessness application. The homelessness applicant can request an internal review of an authority's offer of temporary or permanent accommodation.
8. Normally a review request should be submitted within 21 days of being made an offer of accommodation. However, the courts have decided that local authorities must consider any changes in circumstances that occur while they are carrying out their homelessness duties, as a property may become unsuitable over time.
9. Miss X says her home has become unsuitable since she accepted it due to the actions of her neighbour which have now made it unsuitable for occupation. It is reasonable for Miss X to ask the Council to carry out a review of suitability under s.202 of the Housing Act 1996. If the review is unsuccessful she will have further appeal rights to the County Court.

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Final decision

10. We will not investigate this complaint about the Council’s refusal to move Miss X from her temporary accommodation due to the actions of her neighbour. It is reasonable for her to ask the Council to review the suitability of her accommodation under the Housing Act 1996 Part 7.

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Investigator's decision on behalf of the Ombudsman