Summary: We will not investigate this complaint about Miss X’s temporary accommodation. This is because Miss X could reasonably have used her right to go to court.

The complaint

1. Miss X complains about the Council’s handling of her concerns about her temporary accommodation’s suitability. Miss X wants the Council to move her family from the accommodation.

Back to top

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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Council provides homelessness temporary accommodation for Miss X and her children. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) Anyone who believes their temporary 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 within 21 days. (Housing Act 1996, section 204)
6. Miss X complained to the Council that her accommodation was unsuitable for her family. The Council did a review. Its review decision letter said the Council considered the accommodation suitable, gave reasons and told Miss X about her right to appeal to the county court.
7. The central point in this complaint is Miss X and the Council disagreeing about the property’s suitability. Suitability of homelessness accommodation is a legal concept. Therefore the restriction described in paragraph 2 applies to this complaint as Miss X had the right to go to court.
8. The law expressly provides this route for challenging such decisions, so we normally expect people to use it. The court can make a binding decision and overturn the Council's decision if it sees fit, unlike the Ombudsman. There might be a potential cost to court action, but that is not in itself automatically a reason to consider court action unreasonable. Applicants can get help with court costs if they are eligible and can ask the court for their costs if their appeal succeeds. The Council told Miss X about her court appeal right at the time. Potential sources of help with appeals are available in London, for example, solicitors, law centres, advice agencies and housing/homelessness organisations. For these reasons, I consider it would have been reasonable for Miss X to go to court.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because Miss X could reasonably have used her right to go to court.

Back to top

Investigator's decision on behalf of the Ombudsman