London Borough of Hammersmith & Fulham (24 008 618)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 09 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s provision of temporary accommodation under its homelessness duty. It was reasonable for Miss X to appeal to the County Court against the Council’s review of suitability decision.
The complaint
- Miss X complained about the temporary accommodation provided by the Council. She says this is the third temporary address she has occupied and she is worried about fire safety. She wants the Council to rehouse her in suitable accommodation.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council’s statutory review of her accommodation suitability.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says her temporary accommodation is unsuitable for her family’s needs. She asked the Council to carry out a review of suitability under s.202 of the Housing Act 1996. The Council sent its decision 2 weeks after she complained to us.
- The Council concluded that the accommodation was suitable for her needs and would not move her to an alternative property. The decision was comprehensive and included all the evidence available. The decision also advised Miss X of her right to appeal to the County Court if she wished to challenge the outcome.
- We will not investigate a complaint which carries a right of appeal to a court or an independent tribunal and it is reasonable to pursue the remedy.
Final decision
- We will not investigate this complaint about the Council’s provision of temporary accommodation under its homelessness duty. It was reasonable for Miss X to appeal to the County Court against the Council’s review of suitability decision.
Investigator's decision on behalf of the Ombudsman