Summary: We will not investigate this complaint about the Council’s failure to provide suitable temporary accommodation for Mr X under its homelessness provisions. Mr X has requested a review of the decision on suitability and if he is unsuccessful, it is reasonable for him to appeal to the County Court on a point of law.

The complaint

1. Mr X complained about being offered initially a hotel room when he became homeless. He rejected this because he considered it unsuitable for his family. He was offered private sector temporary accommodation but he says this is unsuitable for his family and only a social housing tenancy will be suitable.

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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 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 it would be reasonable for the person to ask for an organisation review or appeal.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

6. Mr X says he was offered unsuitable accommodation when he presented as homeless to the Council. He says hotel accommodation offered initially was unsuitable and he found his own hotel accommodation. The Council then offered Mr X temporary accommodation in the private rented sector. He says this is unsuitable and, in the circumstances, he should only be offered a social rented tenancy.
7. Mr X has submitted a review request of the suitability of the temporary accommodation under the Housing Act 1996. The Council is currently undertaking the review. If the decision is that the Council considers its offer to be suitable, then Mr X may use his right to appeal against this to the County Court on a point of law.
8. We will not investigate this complaint because the Council has followed the correct procedure by accepting Mr X’s review request. No decision has been made to date but he will retain a further right of appeal to the courts if his outcome is unsuccessful.

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Final decision

9. We will not investigate this complaint about the Council’s failure to provide suitable temporary accommodation for Mr X under its homelessness provisions. Mr X has requested a review of the decision on suitability and if he is unsuccessful, it is reasonable for him to appeal to the County Court on a point of law.

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Investigator's decision on behalf of the Ombudsman