Summary: A woman complained that the Council had offered her accommodation which was not suitable for her family’s needs. But the Ombudsman will not investigate this complaint because the woman has statutory review and appeal rights she can use to challenge the Council’s view that the accommodation is suitable.

The complaint

1. The complainant, who I shall call Mrs B, complained that the accommodation the Council offered to meet its housing duty in her case was not suitable for her family’s needs because of its location outside the Borough. In particular she complained that in making the offer the Council had not taken account of medical and disability issues in the family. Mrs B said if she took the property she or her husband would have to give up work, and it would be impossible for her to travel to hospital appointments. Mrs B also said it would cause unacceptable disruption to her children’s education and would harm their mental health.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if, for example, we cannot achieve the outcome someone wants, 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)
3. The laws says we normally cannot 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)

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How I considered this complaint

4. I considered the information Mrs B provided with her complaint. I also gave Mrs B an opportunity to comment on a draft of this decision before I reached a final view about her case.

What I found

5. If a council is satisfied someone is eligible, unintentionally homeless and has a priority need, it will owe them the main homelessness duty. Generally councils carry out the main duty by arranging temporary accommodation until they make a suitable offer of social housing or private rented accommodation to discharge the duty. (Housing Act 1996, section 193)
6. The Housing Act 1996 also gives homeless applicants a right of review about councils’ main decisions on their homelessness application. This includes a decision that the accommodation a council offers to end its homelessness duty is suitable for the applicant’s needs.
7. If the person wants to challenge a negative review decision, they can appeal to the county court on a point of law.
8. The Council accepted the main homelessness duty in Mrs B’s case some years ago, and it placed her family in temporary accommodation.
9. Recently the Council made Mrs B an offer of private rented accommodation outside London. The Council said it considered the property was suitable accommodation and so the offer would end its homelessness duty in Mrs B’s case.
10. Mrs B disagreed the Council’s view about the suitability of the accommodation and she complained to the Ombudsman about the unreasonableness of the offer.

Analysis

11. The law gives homelessness applicants a right of review if they want to dispute the Council’s decision about the suitability of their accommodation. In the circumstances I see no reason why Mrs B should not be expected to use her statutory review rights.
12. In addition, the law says we normally cannot investigate where someone could take the matter to court. If the Council upholds its decision in Mrs B’s case following a review, she would then have a right of appeal to the county court if there is a point of law to argue. So it appears Mrs B would also have the possibility of challenging the Council’s in court if necessary.
13. Unlike the courts, the Ombudsman has no powers to overturn homelessness decisions.
14. In the circumstances I consider that we should not investigate Mrs B’s complaint as the law already provides her with review and appeal rights she can use to dispute the suitability of the accommodation the Council has offered her.

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Final decision

15. The Ombudsman will not investigate Mrs B’s complaint that the Council has offered her unsuitable accommodation. This is because she has statutory review and appeal rights she can use to challenge the Council’s decision.

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Investigator's decision on behalf of the Ombudsman