Summary: We will not investigate this complaint about the Council’s decision that Miss X’s homeless accommodation is suitable for her family. This is because the Council has agreed to carry out a fresh review of the suitability of her accommodation and there is nothing further we could achieve.

The complaint

1. Miss X complains the Council has placed her in unsuitable accommodation after she became homeless. Miss X says the Council found her accommodation was suitable following a review as the kitchen area could be cordoned off to stop her children accessing it. However it later turned out this was not possible but the Council refused to reconsider its decision. Miss X says that as a result she is in unsuitable accommodation and is concerned about risk to her children.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome, or it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says she was satisfied with the Council’s explanation that parts of her accommodation could be cordoned off and so did not challenge its review decision which said that it was suitable.
6. However the accommodation provider later said that it was not possible to cordon off parts of the kitchen due to the layout. Miss X raised this with the Council but it refused to consider a further review and said “cordoning off of the kitchen area in the Suitability Review was a suggestion having been advised by the hostel manager that it was possible, hence if it is not possible, it still does not deem the accommodation unsuitable as a result”.
7. The Council’s review decision of the suitability of Miss X’s accommodation and the ability to cordon off parts of the accommodation is not a suggestion but was central to the Council’s position that the accommodation was suitable on the specific point of risk to her children. Therefore, the fact that the area cannot be cordoned off would be new information and the Council should have carried out a fresh suitability review of Miss X’s accommodation.
8. We have written to the Council and it has agreed to carry out a fresh review of the suitability of Miss X’s accommodation. We consider this a suitable way of remedying the complaint as it would restore Miss X’s right to appeal to court if she is unhappy with the review decision. Therefore, is nothing further we could achieve by investigating this complaint.

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Final decision

9. We will not investigate Miss X’s complaint because the Council has agreed to carry out a fresh review of the suitability of her accommodation and there is nothing further we could achieve.

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Investigator's decision on behalf of the Ombudsman