Summary: We will not investigate this complaint about alleged discrimination by the Council in relation to Mr X’s homelessness case. Mr X successfully used his appeal rights against the suitability of an offer of permanent accommodation. There is no evidence of earlier fault, nor did any fault cause him an injustice as he did not move into the unsuitable accommodation. It is reasonable for Mr X to refer to the courts for a decision about whether he suffered discrimination.

The complaint

1. Mr X complained the Council discriminated against him on the grounds of disability. The Council agreed an offer of permanent accommodation had been unsuitable, which Mr X says is evidence of earlier discrimination.
2. Mr X said the matter caused him significant distress. He wanted the Council to offer him a suitable property and for us to change our previous decision.

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The Ombudsman’s role and powers

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)
4. 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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mr X is staying in temporary accommodation provided by the Council, after he became homeless. The Council offered Mr X a secure tenancy in March 2024, which he accepted subject to a suitability review. Mr X could not move into the accommodation immediately due to his health and remained in temporary accommodation in the meantime. The Council wrote to Mr X two weeks later and upheld his request. Mr X says the Council agreeing its offer was unsuitable is evidence of earlier discrimination.
8. We previously considered a complaint from Mr X and decided there was insufficient evidence we would find the Council at fault to justify investigation. The outcome of this suitability review relates to a different property and does not evidence fault by the Council at an earlier stage. I cannot overturn our previous decision or reconsider the same events.
9. We will not normally consider complaints about the suitability of permanent offers of accommodation. The legislation includes a statutory right to request a review and applicants can take the matter to court where their request is not successful.
10. In this case, Mr X was successful in using the review procedure that is available, and there was no delay in the Council considering his request. It overturned its decision when Mr X provided further evidence and it agreed to continue searching for suitable accommodation for him. There is insufficient evidence of fault in the Council’s actions.
11. In addition, due to Mr X not having moved into the accommodation before the Council decided it was unsuitable, any fault we could find if we decided to investigate did not cause Mr X an injustice.
12. The Ombudsman cannot find a council has discriminated against someone or breached the Equality Act 2010; only the courts can make such decisions. We can consider whether councils have due regard to their responsibilities under the Equality Act. However, given that Mr X told us he has legal aid in order to take the alleged discrimination to court, it is reasonable for him to do so.

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Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence of fault, nor did any fault we could find cause Mr X an injustice. It is reasonable for him to take the alleged discrimination to court.

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Investigator's decision on behalf of the Ombudsman