Summary: We will not investigate Mr X’s complaint the Council placed his family in unsuitable temporary accommodation when they were homeless. He had the right to appeal to the county court about this, and it was reasonable for him to do so.

The complaint

1. Mr X complained the Council placed his family in unsuitable temporary accommodation when they were homeless. The Council reviewed the suitability of the accommodation but decided it was suitable. This caused stress for the family who are living in a small space. This is affecting Mr X’s health.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))

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How I considered this complaint

4. I considered the information Mr X provided when he complained to us.
5. I considered information the Council provided.
6. I gave Mr X the opportunity to comment on my draft decision.

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What I found

7. Mr X and his family approached the Council as homeless in 2020. The Council provided temporary accommodation. Mr X requested a suitability review in August 2020. His reasons included the family felt unsafe in the area and were too far away from their support network, the accommodation was too small and unaffordable.
8. The Council sent Mr X a suitability review decision in October 2020. It explained in its view the accommodation was suitable. It told Mr X he had the right to appeal the decision to the county court within 21 days. Mr X told the Council he would be appealing, but he did not then do so. It is now too late for him to do so.
9. 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. In this case, I am satisfied it was reasonable for Mr X to use the right that was available to him. Therefore, we cannot investigate this complaint.
10. Mr X has also complained to us about how the Council handled his homelessness application, and its response to repairs needed in the accommodation and environmental health concerns. He has not yet used the Council’s complaints process to address those issues and it is appropriate for him to do so. He should allow the Council an opportunity to investigate and respond to those points. Mr X can then bring his complaint back to us when the Council has provided a final response, or if there are delays in it responding. In any event, he should bring his complaint back to us within 12 months of the events he complains about.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because Mr X had the right to appeal to the county court about the suitability of his temporary accommodation, and it was reasonable for him to use that process.

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Investigator's decision on behalf of the Ombudsman