Summary: We will not investigate this complaint about the suitability of Temporary Accommodation. This is because the complainant is using the statutory review process and will have appeal rights.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council provided unsuitable Temporary Accommodation.

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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 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))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence and information about the suitability review. I also considered our Assessment Code.

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My assessment

4. The Council provided Ms X with Temporary Accommodation. Ms X says the property is unsuitable. Some of the problems she has referred to include alleged disrepair, cleanliness, and a lack of carpets, curtains and a fridge freezer. Ms X says she has rent arrears due to housing benefit issues which the Council has not addressed.
5. Ms X asked the Council for a suitability review. Ms X has referred to having a solicitor.
6. The Council is carrying out a suitability review and has not yet made a decision. It is considering the points raised by Ms X.
7. The Council told me Ms X gets full housing benefit for the Temporary Accommodation and does not have any arrears. The Council said it inspected the property in April and it appears Ms X may not be living in the property.
8. I will not investigate this complaint because the key issue is whether the accommodation is suitable and that is being considered through the review process. If the Council decides the property is suitable, Ms X may be able to appeal to court on a point of law if she disagrees with the decision.
9. It is not my role to decide if the property is suitable. I can only consider if the Council has followed the correct process and I see no suggestion of fault. The Council acted correctly by responding to Ms X’s complaints and carrying out a review; the documents show the Council is considering the relevant issues as part of the review. It is reasonable to expect Ms X to use the review and appeals process because this is the mechanism established by parliament to deal with disputes about the suitability of Temporary Accommodation. In addition, Ms X has a solicitor and the Council has confirmed she does not have rent arrears and gets housing benefit.

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Final decision

10. We will not investigate this complaint because Ms X is following the statutory process and it is reasonable for her to do so.

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Investigator's decision on behalf of the Ombudsman