Summary: We will not investigate this complaint about the suitability of accommodation the Council provided to Miss X. This is because it was reasonable for Miss X to appeal to court.

The complaint

1. Miss X says her permanent housing is not safe or suitable and the Council did not properly consider a suitability review within the prescribed timescales. Miss X says the Council did not properly assess her needs and removed her from temporary accommodation, resulting in Miss X and her family being homeless. Miss X says the Council has been dishonest in its communications with her.
2. Miss X says this caused her stress and anxiety during her pregnancy, and her son has missed education. Miss X wants the Council to rehouse her in suitable accommodation and pay her compensation for money spent decorating the property.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code and Guidance on Jurisdiction.
7. I considered relevant legislation and information available on the Council’s website.
8. The complainant had an opportunity to comment on my draft decision and did not do so.

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My assessment

9. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of his or her household. This duty applies to interim accommodation and accommodation provided under the main homelessness duty. (Housing Act 1996, section 206 and (from 3 April 2018) Homelessness Code of Guidance 17.2)
10. Homeless applicants may request a review of the suitability of accommodation offered to them after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer, within 21 days of being notified of the decision.
11. Councils must complete reviews of the suitability of accommodation within eight weeks of the date of the review request. This period can be extended if the applicant agrees in writing. The council must advise applicants of their right to appeal to the county court on a point of law, and of the period in which to appeal. Applicants can also appeal if the Council takes more than the prescribed time to complete the review. (Housing Act 1996, sections 202, 203 and 204)
12. As described at paragraph 4, we will not normally investigate a complaint when someone could take the matter to court. We have discretion to set aside this restriction where we decide there are good reasons. In this case we have decided not to exercise discretion because it is reasonable to expect Miss X to go to court if she was unhappy with the Council’s decision or the time it took to carry out the review. Miss X was made aware of her right to go to court by the Council and she was assisted by a solicitor during her review.
13. We have also taken account of the fact Miss X has a right to complain to the Housing Ombudsman about her landlord, a registered social housing provider, if she is unhappy with the condition of the property and time taken to complete repairs.

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Final decision

14. We will not investigate this complaint. This is because it was reasonable for
    Miss X to appeal to court about the Council’s decision and time taken to carry out the review.

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Investigator's decision on behalf of the Ombudsman