Summary: Mrs X complained the Council placed her family in unsuitable temporary accommodation. We should not investigate this complaint. This is because Mrs X had the right to appeal the Council’s decision in court, and in any event, it is unlikely we would find fault in the Council’s actions.

The complaint

1. Mrs X complained the Council decided her temporary accommodation was suitable for the household, despite several issues. The Council reviewed the suitability of the accommodation, but Mrs X does not agree with its decision.

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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. 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 can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
5. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
6. 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 it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

7. I considered the information Mrs X provided when she complained.
8. I considered information the Council provided, including the letter it sent to Mrs X after it completed the suitability review, and complaints correspondence.
9. I gave Mrs X the opportunity to comment on a draft version of this decision.

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What I found

10. Mrs X’s household is homeless and living in temporary accommodation provided by the Council. The household moved into their current accommodation in February 2019. Mrs X raised several concerns with the Council about the property, including its condition, size and location. The Council advised her of her right to request a review of the suitability of her temporary accommodation. (Housing Act 1996, section 202)
11. The Council reviewed the suitability of the temporary accommodation. It made a final decision in June 2019, explaining how it had considered various factors when deciding the accommodation was suitable for the household. The Council correctly advised Mrs X of her right to appeal to the county court on a point of law within 21 days of its decision. (Housing Act 1996, section 204)
12. Normally, we cannot investigate complaints where review and appeal rights apply, as long as we are sure the complainant has been properly informed about their rights and the council has acted on any review request they have made. In this case, the Council made Mrs X’s appeal rights clear in its review decision letter. It also repeated those rights in the cover email it sent to Mrs X with its letter.
13. The right to a court appeal depends on the applicant having a point of law to argue. A point of law may include, for example, procedural error, irrationality or inadequate reasoning. Mrs X disagreed with the Council’s decision and maintained the accommodation was not suitable. However, I cannot say with certainty that it was reasonable for Mrs X to use her right of appeal to court, as it is unclear if there is or was a point of law to argue.
14. I have therefore considered our general discretion. Similarly to the courts, our role is to look at the processes followed in coming to decisions. If we chose to investigate this complaint, we could not question the decision itself in the absence of fault in the way it was made. Based on the information I have seen, it is unlikely we would find fault. The Council carried out a comprehensive and detailed review of the suitability of this accommodation for Mrs X’s household. It considered
    Mrs X’s concerns but decided the accommodation was suitable, and explained its justification. Mrs X disagrees with the decision the Council made, but this does not mean the Council was at fault. Therefore, I have not used my discretion to decide we should investigate this complaint.

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Final decision

15. The Ombudsman should not investigate this complaint. This is because there is no evidence we would find fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman