Summary: We will not investigate Ms X’s complaint about the suitability of her temporary accommodation and her housing register priority banding. The Council is currently conducting a suitability review and if Ms X is unhappy with the outcome, she has a right of appeal through the courts. It has also agreed to review its housing priority banding decision, and it is reasonable to allow it to complete this process.

The complaint

1. Ms X complains about the suitability of her temporary accommodation and her housing register priority banding. She states the Council has failed to consider her disabilities and care needs in its decision that she is only entitled to one bedroom. She wants the Council to provide her with suitable accommodation and increase her housing register priority banding.

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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)
3. 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

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

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My assessment

6. Ms X complains the Council has not accounted for her medical and care needs during its decision making and has placed her and her husband in unsuitable temporary accommodation. We will not investigate this complaint. The Council is currently conducting a review of the suitability of the accommodation. If Ms X is unhappy with the outcome, she has a right of appeal to the courts which it is reasonable for her to use.
7. Ms X also complained about her housing register priority banding. We will not investigate this complaint. The Council has agreed to conduct a review of the housing priority banding decision. It is reasonable to allow the Council to complete this process.

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Final decision

8. We will not investigate Ms X’s complaint because if she is unhappy with the outcome of the suitability review she can use her right of appeal and it is reasonable to allow the Council to complete its review regarding her housing register priority banding.

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Investigator's decision on behalf of the Ombudsman