Summary: We will not investigate this complaint about the suitability of housing accommodation which Ms X accepted under the Council’s homeless duty in 2022. It was reasonable for Ms X to challenge suitability by way of review and an appeal to the County Court.

The complaint

1. Ms X complained about the suitability of a social housing tenancy which she was offered in 2022 when the Council discharged its homeless duty towards her. She says the rent increased after the offer and the flat was at a higher floor level than she wanted for her daughter.

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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)

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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.

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My assessment

5. Ms X was offered a housing association tenancy in 2022 when she was in temporary accommodation provided by the Council under its homeless duty. Ms X asked her solicitor to verify the suitability of the flat with the Council because she was concerned that it was on a higher level than was suitable for her daughter’s needs. The Council confirmed that it had considered all the medical circumstances and that the level fell within the range that Ms X’s medical advice said was suitable.
6. The week following the offer letter the housing association informed Ms X’s solicitor that the rental had increased from £227.88 to £276.92 per week. Ms X signed for the tenancy in full knowledge of the costs. She later challenged the Council over the affordability of the flat. The Council told her it was satisfied the flat was affordable based on the financial information she had provided for her time in temporary accommodation. It said she had not informed it of any changes to her financial situation. The housing landlord also carried out a financial assessment of her ability to afford the property and was satisfied she could.
7. When a local authority discharges its homeless duty to an applicant by offering accommodation under s.193 of the Housing Act 1996, the applicant has a right to ask for a review of the suitability. If they are dissatisfied with the outcome, they may appeal to the County Court on a point of law. Ms X responded to the Council’s offer in 2022 through her solicitor at the tie time. it was reasonable for her to challenge the suitability of the offer by way of an appeal using the legal advice which was available.

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Final decision

8. We will not investigate about the suitability of housing accommodation which Ms X accepted under the Council’s homeless duty in 2022. It was reasonable for Ms X to challenge suitability by way of review and an appeal to the County Court.

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Investigator's decision on behalf of the Ombudsman