Summary: The Ombudsman will not investigate Ms B’s complaint about the suitability of her temporary accommodation. This is because it would be reasonable to expect her to ask for an out of time review of the suitability of her accommodation and to go to court if the Council does not resolve any compensation claim to her satisfaction.

The complaint

1. The complainant, whom I shall call Ms B, complained that her temporary accommodation is unsuitable. She told us this has affected her badly, for example it has affected her health and some of her belongings have been damaged.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal.(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I have considered the information Ms B provided, her reply to my draft decision and the Council’s responses to her complaint.

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What I found

7. Ms B wants the Council to offer her permanent accommodation and £9000 compensation.
8. Ms B’s complaint to us about matters she was aware of more than 12 months before she first contacted us in January 2019 is late. We have discretion to investigate late complaints if there are good reasons to do so. Some of the issues Ms B described in her complaint to us arose in 2018. Her complaint about the way the Council has dealt with these issues is not late.
9. The Council owes Ms B a housing duty. Ms B’s current accommodation is temporary. She is registered on the Council’s Choice Homes scheme and has been bidding for a permanent home. Her bids have not been successful to date.
10. Homeless applicants may request a review within 21 days of the suitability of temporary accommodation provided once the Council has accepted the main homelessness duty. (Housing Act 1996, section 202).
11. In its final response to Ms B’s complaint the Council said it had no record of her requesting a review of the suitability of her current accommodation within 21 days of signing the tenancy agreement. But it offered to consider an out of time review request.
12. If Ms B requests a review under section 202 of the Housing Act 1996 and she is dissatisfied with the review decision, she can appeal to the county court on a point of law.
13. It is reasonable to expect Miss B to request an out of time section 202 review. That is because the law has provided a specific method for people to challenge council decisions on the suitability of accommodation. We do not have the powers the court has to confirm vary or quash councils’ decisions.
14. Part of the remedy Ms B is seeking is a significant amount of compensation. She has provided a copy of a press article where it appears residents received compensation without going to court. Liability for loss of or damage to belongings is a legal matter. Compensation claims can sometimes be settled without the need for court action. But if the Council does not resolve any compensation claim from Ms B to her satisfaction, it is reasonable to expect her to go to court. A court of law is the appropriate body to determine liability for losses and damage.

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Final decision

15. The Ombudsman will not investigate this complaint. This is because it would be reasonable to expect Ms B to ask for an out of time review of the suitability of her accommodation and to go to court if the Council does not resolve any compensation claim to her satisfaction.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman