Summary: Ms X complained about being placed in unsuitable temporary accommodation when she was accepted as homeless by the Council in 2018. The Ombudsman should not exercise his discretion to investigate this complaint. This is because it was reasonable for her to appeal against the suitability of the accommodation at the time.

The complaint

1. The complainant, whom I shall call Ms X, complains about the Council placing her in temporary accommodation which was not suitable for her young son to occupy. She says she was placed in a series of hotels which cost the Council more than if it had placed her directly in private rented accommodation.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

3. I have considered all the information which Ms X submitted with her complaint and she has been given the opportunity to comment on the draft decision.

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What I found

4. Ms X was accepted as homeless by the Council in 2018. She was offered temporary accommodation in a local hotel. Ms X says the hotel was unsuitable for her and her young son. The mattresses were stained, and the door lock was not secure. She says the occupants of the hotel were mainly men and she felt unsafe. She left after one night and complained to the Council.
5. Ms X was placed in another hotel for four weeks and says this was unsuitable for her needs because there were no cooking facilities which meant she had to eat out. She complained to the Council again and was moved to another hotel before being considered for longer term accommodation. She says the cost of providing hotel accommodation was greater than if she was offered private rented property from the start and this wasted public funds.
6. Ms X had a right to appeal against the offers of accommodation which she considered unsuitable. She left the first hotel after one night, so this was not possible. The Council did not discharge its duty and offered alternative accommodation which she could also have appealed about. The Ombudsman does not normally investigate matters where there is a right of appeal available and the complainant could use it at the time.
7. Councils have considerable numbers of homeless applicants and they have to allocate temporary accommodation on a priority basis. It would not be fair to other applicants to have allocated accommodation to Ms X ahead of others already waiting for it.

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Final decision

8. The Ombudsman should not exercise his discretion to investigate this complaint. This is because it was reasonable for her to appeal against the suitability of the accommodation at the time.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman