Summary: We will not investigate Mr X’s complaint about the suitability of interim and temporary accommodation provided by the Council after he became homeless. There is insufficient evidence of fault to justify our involvement and Mr X had rights of review and appeal that were reasonable for him to exercise.

The complaint

1. Mr X complained the interim accommodation the Council provided when he became homeless was not suitable for him because it did not meet his medical needs. He said he could not access the bath and there was no electric socket next to the bed for his CPAP machine (used to assist him with breathing at night).

Back to top

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)
4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
5. 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.

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

Back to top

How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

What happened

8. The Council arranged interim accommodation for Mr X when he became homeless in February 2024. This was bed and breakfast accommodation, which had a bath. An occupational therapist (OT), who assessed Mr X’s disability needs, provided an adjustable bath stool to assist him to get into and out of the bath and Mr X confirmed he had received this. The Council said bed and breakfast accommodation is only provided when there is nothing else available.
9. In March 2024 the Council offered Mr X alternative interim accommodation in a shared property with a shower and an electric socket next to the bed for his CPAP machine. Mr X refused the offer because he said he was not able to share facilities and asked the Council to rebook the bed and breakfast accommodation. The Council said it had no evidence to support this, and he had been sharing accommodation for the previous six years. Although it could have ended its duty to provide interim accommodation because Mr X had refused a suitable offer, it rebooked the bed and breakfast accommodation.
10. On 15 April 2024 the Council accepted a main housing duty. At this point the interim accommodation became temporary accommodation. The Council said the current temporary accommodation was suitable and set out Mr X’s right to ask for a review of its suitability if he disagreed. Mr X did not ask for a review.
11. In October 2024, the Council made a second offer of alternative temporary accommodation in a shared property. Mr X verbally asked for a review of its suitability. He asked the Council to rebook the bed and breakfast accommodation pending the outcome of the review, which the Council said it refused because it considered the accommodation offered was suitable. In its review decision in November 2024, the Council confirmed the property offered was suitable and explained its reasons for deciding this. It explained Mr X could appeal to the county court on a point of law if he disagreed with its decision and I understand Mr X sought legal advice before starting an application, which he later withdrew.
12. In December 2024, Mr X accepted an offer of a Council property, which he has since moved to.

My assessment

13. The law says accommodation may be suitable in the short term that would not be suitable for a longer period. The Council arranged interim accommodation in a bed and breakfast when Mr X first approached it because there was no other accommodation available on the day. However, arranged for equipment to be provided to assist Mr X to get in and out of the bath. It also continued to look for alternative interim accommodation for him and offered an alternative in March, which Mr X refused. Mr X also refused an alternative accommodation offer in October. When refusing both offers, Mr X asked to be rebooked to the bed and breakfast accommodation. Considering all these factors, there is insufficient evidence of fault to justify further investigation in relation to the interim accommodation offered.
14. The interim accommodation became temporary accommodation in April 2024. The Council explained Mr X had rights of review and appeal and it was reasonable for him to exercise those rights if he did not consider the bed and breakfast accommodation was suitable for him. Therefore, we will not consider further any complaint about the suitability of the accommodation for the period from April 2024.
15. Mr X did ask for a review of the suitability of the alternative temporary accommodation the Council offered in October 2024. Mr X had a right of appeal to the county court, and I understand he started legal action. We cannot investigate complaints where court action has been started even where the application is later withdrawn.

Back to top

Final decision

16. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council, Mr X had rights of review and appeal that were reasonable for him to exercise and because Mr X started legal action in respect of one of the offers made.

Back to top

Investigator's decision on behalf of the Ombudsman