Summary: We will not investigate this complaint about Council’s offer of temporary accommodation to a homeless applicant. It was reasonable for her to seek a review of suitability which she subsequently did.

The complaint

1. Miss X complained about the Council moving her to temporary accommodation which she says is unsuitable due to its location and internal arrangements for usable space. She says she was made the offer following a previous complaint to us about her former temporary accommodation which the Council accepted was unsuitable.

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The Ombudsman’s role and powers

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.

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How I considered this complaint

2. I considered the information provided by the complainant and the Council.
3. I considered the Ombudsman’s Assessment Code.

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My assessment

4. Miss X says she was offered alternative temporary accommodation following an earlier complaint to us in which the Council agreed with her claim that her previous accommodation was unsuitable. She says the new accommodation is unsuitable on the grounds that it too far from her family support, medical centres and her son’s school. She also says the accommodation is too small and causes her belongings to suffer from mould growth due to restricted air circulation.
5. When someone is offered temporary accommodation under the main homelessness duty of the Housing Act 1996, they have a right to a statutory review of suitability of the accommodation. The Council carried out a review in July, after Miss X had complained to us and it made its final decision that it considers the accommodation to be suitable in August. The final decision also carries a right of appeal to the County Court.
6. The Council followed the correct procedure in carrying out a s.202 review and the decision covered all the points which Miss X has raised. It is not our role to question the decision itself, only the courts can determine if the decision was reasonable.

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Final decision

7. We will not investigate this complaint about Council’s offer of temporary accommodation to a homeless applicant. It was reasonable for her to seek a review of suitability which she subsequently did.

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Investigator's decision on behalf of the Ombudsman