Summary: We will not investigate this complaint about the Council’s provision of temporary accommodation. It is reasonable for Miss X to challenge the Council’s review of her accommodation in the County Court.

The complaint

1. Miss X complained about the Council housing her in unsuitable temporary accommodation from 2022. She says the hotel accommodation is too restricted in space and ventilation, has rodents and rules about visitors and other matters are affecting her health.

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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. Miss X was housed in temporary accommodation in October 2022. The accommodation is a room in a hotel which she says is unsuitable for her needs. The room has limited space for storage, preparing meals and her daughter’s cot. In January she complained about hearing mice scratching under the floor. The Councils sent environmental contractors to check for rodents but they found no evidence. In February she reported mice again and again no evidence was found.
6. Miss X asked for a review of her accommodation under s.202 of the Housing Act 1996 because she says the restrictions in living in the hotel are affecting her mental health and that of her daughter. The Council sent its initial ‘minded to’ view to her solicitors in May 2023. In July it sent it final review decision. The Council told her it had considered her medical evidence, her claims about rodents and the restrictions on her accommodation in terms of space and convenience. However, it did not believe that the accommodation was unsuitable for her needs under the Housing Act provisions.
7. The Council gave her advice about how to make an appeal against the decision by way of the County Court in its letter.
8. We will not investigate a complaint where there is a right of appeal available to an independent tribunal or the courts and it is reasonable for the complainant to pursue this.

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Final decision

9. We will not investigate this complaint about the Council’s provision of temporary accommodation. It is reasonable for Miss X to challenge the Council’s review of her accommodation in the County Court.

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Investigator's decision on behalf of the Ombudsman