Summary: We will not investigate this complaint about the Council’s decision to discharge its homelessness duty following an offer of accommodation to Miss X. It was reasonable for Miss X to challenge the decision and the suitability of the offer made to her by way of a statutory review and further appeal to the County Court of unsuccessful.

The complaint

1. Miss X complained about the Council ending its homelessness duty towards her after she was made an offer of accommodation which she says is unsuitable for her family’s needs. She says she would prefer to remain in temporary accommodation but the Council has now cancelled this following the discharge of its duty.

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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
• there is no worthwhile outcome achievable by our investigation.

(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 the information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X was housed in temporary accommodation for many years before being made an offer of permanent accommodation in 2024. She told the Council that she believed the accommodation offered was unsuitable for her housing needs due to the open-plan kitchen being hazardous for her son.
7. The Council told her that it considered the property to be suitable and that it was discharging its homelessness duty to her. The Council’s decision letter gave Miss X details on how to submit a review request under s.202 of the Housing Act 1996 within 21 days. The Council also advised her that as it no longer owed her the main housing duty it would be seeking possession of her temporary accommodation in future.
8. Miss X says that she has accepted the offer but wants to challenge the suitability of it for her family’s needs. The Council has given her information about making a request for a review of suitability. If her review request is unsuccessful it is reasonable for her to challenge this by way of an appeal to the County Court.
9. We will not investigate this complaint because it was reasonable for Miss X to ask for a statutory review of the decision to end the homelessness duty and also to challenge the suitability of the accommodation offered to her.

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Final decision

10. We will not investigate this complaint about the Council’s decision to discharge its homelessness duty following an offer of accommodation to Miss X. It was reasonable for Miss X to challenge the decision and the suitability of the offer made to her by way of a statutory review and further appeal to the County Court of unsuccessful.

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Investigator's decision on behalf of the Ombudsman