Summary: We will not investigate this complaint about the suitability of Mr X’s temporary accommodation and the Council’s decision about what priority to give Mr X’s application for social housing. Mr X has a right of appeal to court about the suitability of his accommodation which he can use. It is unlikely an investigation would find fault in the Council’s decision about social housing priority.

The complaint

1. Mr X complained the Council:
1. provided unsuitable temporary accommodation;
2. refused to carry out a suitability review; and
3. refused to award a higher priority for social housing or make a direct offer.
2. As a result, Mr X says he has experienced significant and avoidable distress and his children’s education was negatively affected. He wants the Council to make him a direct offer of social housing.

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The Ombudsman’s role and powers

3. 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)
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 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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

8. The Council owes Mr X and his family the main housing duty. The Council met this duty by providing temporary accommodation. Mr X is in Band 2A on the Council’s housing register.
9. Mr X complained to the Council in September 2024. He said the Council should have considered awarding discretionary additional priority to his application. In response to his complaint, the Council explained how it had considered his priority and why his circumstances did not justify any discretionary additional priority.
10. We will not investigate this part of the complaint. It is unlikely an investigation would find fault with the Council’s decision. Where there is no fault in the decision making, we cannot question the outcome.
11. Mr X and his family moved into new temporary accommodation in October 2024. He told the Council this was unsuitable. There is a statutory right to review the suitability of accommodation provided to homeless households. The Council completed the review in September 2025, finding the property was suitable. It told Mr X about his right to appeal this decision in court.
12. It is likely we would find fault if we investigated the Council’s handling of the review. Statutory reviews should take eight weeks and it took the Council 11 months. However, we will not investigate this part of Mr X’s complaint. This is because there is not enough injustice to Mr X to warrant further investigation. Although the delay would have caused avoidable frustration, the outcome was to find the accommodation was suitable.
13. Mr X has a statutory right to appeal to the County Court about the Council’s decision his accommodation is suitable. There is no reason he cannot use this right and so we will not investigate this part of the complaint.

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Final decision

14. We will not investigate Mr X’s complaint because he has a right of appeal to court. There is not enough evidence of fault and injustice to warrant investigating the other parts of the complaint.

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Investigator's decision on behalf of the Ombudsman