London Borough of Bromley (23 001 603)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 12 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the suitability of temporary accommodation as it is reasonable for the matter to be taken to court.
The complaint
- Miss C complains the Council has placed her in unsuitable temporary accommodation. Miss C says this has taken her family away from their support system and negatively impacted her mental health. Miss C would like the Council to rehouse her family closer to London.
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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council accepted the main housing duty and offered Miss C and her family temporary accommodation.
- The Council is experiencing a housing crisis and there is limited housing stock available within the borough. The Council is housing residents in available homes outside of London.
- The Council is using a temporary accommodation placement policy to decide whether residents have priority to be housed within, or close to the home borough. The Council assessed Miss C as having no priority to live in or near to the borough. The Council offered Miss C temporary accommodation around 167 miles from her home borough.
- Miss C asked the Council to review the suitability of the temporary accommodation due to it being out of borough and away from her family support system. The Council completed a full review and decided the temporary accommodation was suitable. Only a court can decide if there is anything which would make this decision incorrect.
- The Council informed Miss C of her right to appeal this decision to the courts. The Council has given Miss C enough detail about how to appeal and it is reasonable for Miss C to use this right of appeal.
Final decision
- We will not investigate Miss C’s complaint about the suitability of temporary accommodation because it is reasonable for her to take the matter to court.
Investigator's decision on behalf of the Ombudsman