London Borough of Lambeth (22 016 465)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 29 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the suitability of Council’s provision of temporary accommodation. It is reasonable for Miss X to challenge the decision on suitability in the County Court.
The complaint
- Miss X complained about the Council’s failure to offer her suitable temporary accommodation after she has spent two years in a property which she says is away from her support network and where she was subjected to harassment from a neighbour. She wants the Council to provide her with social housing in the area of her choice.
The Ombudsman’s role and powers
- 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)
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X has been in her current temporary accommodation for two years. She says she does not know the area she is in and wants to be re-housed in the Clapham area of London. She says she has mental health and medical support networks in this area. She was subjected to an attack by a resident in her block in July 2022 and was left traumatised. Even though the resident was arrested and removed she remains unhappy in her current accommodation.
- Miss X’s solicitors submitted a suitability of temporary accommodation review to the Council. The outcome of this had not been issued when Miss X complained to us. Since that time the Council issued its decision on the review request. It considers that her current accommodation is suitable for her needs in the short term but that she will be moved to alternative temporary accommodation when this is possible. This will not be for the Clapham area which she has requested but will be away from her current home which she says causes her mental stress.
- The Council has offered Miss X a further opportunity for a review but she would be able to challenge the suitability decision in the County Court under s.204 of the Housing Act 1996 if she disagrees with it.
Final decision
- We will not investigate this complaint about the suitability of Council’s provision of temporary accommodation. It is reasonable for Miss X to challenge the decision on suitability in the County Court.
Investigator's decision on behalf of the Ombudsman