Summary: We will not investigate this complaint about the suitability of temporary accommodation provided by the Council. It was reasonable for Mrs X to seek a review and appeal to the courts to challenge the Council’s decision.

The complaint

1. Mrs X complained about the Council allocating unsuitable temporary accommodation for her family when she made a homeless application. She says the accommodation is too small and too far away from schools and employment. She also says she has not received any offers of permanent accommodation even though she has been on the waiting list for a year.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code. I have also considered the Council’s housing allocations policy.

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My assessment

5. Mrs X says she was placed in unsuitable temporary accommodation by the Council in 2021. She says the property only has two bedrooms which requires her children to share which she believes is unacceptable. She also says the area is too far away for the schools which her children attend and her husband’s employment which causes excess time spent on travelling. she wants to he rehoused in a bigger property in one of her areas of choice set out in her housing application. she says other homeless households have been rehoused quicker than her.
6. The Council told Mrs X that there is a shortage of three-bedroom temporary accommodation in its area and it could only offer her the current accommodation but it is seeking more suitable temporary accommodation. It believes the property meets her current needs in terms of occupation and told her that she could challenge the suitability by asking for a review when it accepted the main homeless duty in September 2021. Mrs X did not ask for a review or appeal to the courts about the suitability at the time.
7. We will not normally investigate a complaint where there was a right of review and appeal available and it was reasonable for the complainant to pursue this. If the Council had rejected any review which Mrs X submitted then she would have had a right to appeal to the County Court under s.204 of the Housing Act 1996.
8. Mrs X asked for a review of the council’s assessment of her housing application in 2022. The Council carried this out and informed her that she is in the highest banding for 3 bedroom accommodation, which is Band A. However, it told her that she had only specified 7 areas of choice out of 33 available and that because of high demand in these areas and few vacancies it is unlikely she will be successful for some time.
9. We will not uphold a complaint if the council has followed proper procedures, relevant legislation and guidance and taken account of all the information provided, even if the applicant believes that the council should have given more priority to the application to move. It may be the case that, although they need to move urgently, there are other applicants who have an even greater need

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Final decision

10. We will not investigate this complaint about the suitability of temporary accommodation provided by the Council. It was reasonable for Mrs X to seek a review and appeal to the courts to challenge the Council’s decision.

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Investigator's decision on behalf of the Ombudsman