Summary: We will not investigate this complaint about Ms X’s permanent accommodation. It was reasonable to expect her to seek a suitability review by the Council and then, if necessary, to appeal to the courts.

The complaint

1. Ms X complains the Council placed her in unsuitable permanent accommodation. She says that as a result, she is unable to find disabled parking close enough for her child’s motability car.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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

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. Permanent accommodation provided by the Council under homelessness legislation must be legally suitable (Housing Act 1996, section 206). An applicant who believes their permanent accommodation is unsuitable can ask the Council to review the accommodation’s suitability (Housing Act 1996, section 202). If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law (Housing Act 1996, section 204).
7. Ms X says the permanent accommodation she was offered by the Council is unsuitable because she considers there is no free disabled parking sufficiently close-by for her child’s motability car.
8. The letter from the Council offering Ms X the accommodation provided details of how she could ask for a suitability review. Therefore, the points in paragraph 6 apply.
9. Ms X’s review and appeal rights have expired because of the passage of time. However, the fact remains the Council made her aware of them when it made her an offer of accommodation. Therefore, it was reasonable to expect her to use them at the time when they were available to her.

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Final decision

10. We will not investigate Ms X’s complaint because it was reasonable to expect her to request a review if she considered her permanent accommodation offer was unsuitable.

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Investigator's decision on behalf of the Ombudsman