Summary: We will not investigate this complaint about the unsuitability of Mr X’s temporary accommodation as he has the right to appeal to the County Court.

The complaint

1. Mr X complains that his temporary accommodation is unsuitable.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

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

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My assessment

5. At Mr X’s request, the Council carried out a housing review and found the accommodation suitable.
6. I will not investigate this complaint because Mr X has the right to appeal to the County Court.

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Final decision

7. We will not investigate Mr X’s complaint because he has the right to appeal to the County Court.

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Investigator's decision on behalf of the Ombudsman