Summary: We will not investigate this complaint about the suitability of temporary accommodation provided by the Council. It is reasonable for the complainant to appeal to the county court if he is unhappy with the outcome of the suitability review.

The complaint

1. Mr X complained the temporary accommodation offered by the Council was not suitable for his needs. He said a flawed assessment by Adult Social Care had affected the outcome of his review requests. He wants the Council to reconsider his housing needs.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mr X’s complaint about the suitability of his temporary accommodation. The Council completed a review setting out why it considered the accommodation was suitable. In that review it set out Mr X’s right of appeal to the county court if he disagreed with the decision. Where the law has expressly provided a route of appeal, we expect a complainant to use it. Mr X has legal representation. Therefore, I consider it reasonable for him to use his right of appeal.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable for him to appeal to the county court.

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Investigator's decision on behalf of the Ombudsman