Summary: We will not investigate this complaint about the suitability of temporary accommodation provided by the Council under its main homelessness duty. It is reasonable for Mr X to ask the Council for a review of suitability of the accommodation.

The complaint

1. Mr X complained about the Council’s failure to address his complaints about temporary accommodation provided by the Council. He says he has been subject to misconduct by the housing association staff who manage the accommodation and that it has involved additional charges which he was unaware of.

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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.

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

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How I considered this complaint

3. I considered the information provided by the complainant and the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he has been placed in unsuitable temporary accommodation by the council under its homelessness duty. He says the housing association staff at his accommodation have shown threatening behaviour and he has also been subject to additional costs which he was not aware of when he accepted the accommodation.
6. The Council has confirmed to us that so far it has only received a complaint about the service provided and that no formal complaint about the accommodation has been received.
7. Applicants provided with temporary accommodation under the main homelessness duty are entitled to ask for a review of suitability of the accommodation provided. It is reasonable for Mr X to ask the Council to carry out a statutory review of suitability under s.202 of the Housing Act 1996 and we would expect someone to pursue this remedy.

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Final decision

8. We will not investigate this complaint about the suitability of temporary accommodation provided by the Council under its main homelessness duty. It is reasonable for Mr X to ask the Council for a review of suitability of the accommodation.

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Investigator's decision on behalf of the Ombudsman