Summary: We will not investigate this complaint about temporary accommodation provided to the complainant by the Council being unsuitable for her household’s medical needs. Were we to investigate, it is likely we would find fault causing the complainant injustice because the Council did not carry out a review of its decision in accordance with the Housing Act 1996. However, the Council has remedied any injustice to the complainant during our consideration of the complaint and so further investigation by us would not lead to a different outcome.

The complaint

1. The complainant (Miss Q) complains that temporary accommodation provided to her by the Council is unsuitable for her daughter’s medical needs. Specifically, she says her daughter suffers from eczema and that the property causes her to have flareups. She also complains the property has damp and that she is unable to dispose of her household waste without leaving her young child alone which she is unprepared to do.
2. In summary, Miss Q says the alledged fault is affecting the health and wellbeing of her and her daughter. As a desired outcome, she wants the Council to allocate her a property which is suitable for her daughter’s medical needs.

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The Ombudsman’s role and powers

3. 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:

• any injustice is not significant enough to justify our involvement;
• we could not add to any previous investigation by the organisation;
• further investigation would not lead to a different outcome;
• it would be reasonable for the person to ask for a council review or appeal; or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

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

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My assessment

5. If we were to investigate, it is likely we would find fault causing the complainant injustice because the Council has not responded to the issues raised by Miss Q with reference to her review and appeal rights. As I understand, the Council has provided Miss Q with temporary accommodation during the time is it has accepted the main housing duty. Decisions about the suitability of temporary accommodation when the main housing duty has been accepted carry appeal rights under section 202 of the Housing Act 1996 (the Act) and a right of appeal to county court under section 204 of the Act. Having assessed the complaint, I found no evidence the Council carried out or invited a review of its decisions in accordance with the Act which, in turn, denied Miss Q with her right of appeal.

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Agreed action

6. We therefore invited the Council to invite Miss Q to request a review of its housing decision in relation to the suitability of her temporary accommodation, as well as pay her £100 for her time and trouble. The Council’s agreement to carry out these actions has removed the need for a formal investigation. This is because it would not be proportionate for us to investigate, having regard to any remaining injustice from the alleged fault.

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Final decision

7. We will not investigate this complaint. This is because the Council has remedied any injustice to the complainant during our consideration of the complaint. The restrictions I outline at paragraph three (above) apply.

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Investigator's decision on behalf of the Ombudsman