Summary: We will not investigate this complaint about the suitability of temporary accommodation provided by the Council to the complainant. This is because the complainant requested a review of the decision and now has a right of appeal to county court. There is no exceptional reason why she cannot exercise this right. We therefore have no legal jurisdiction to investigate this complaint.

The complaint

1. The complainant (Mrs Q) complains about the suitability of temporary accommodation provided to her by the Council following its acceptance of a homelessness duty to provide housing assistance. She requested a review of the Council’s decision the accommodation is suitable, though remains dissatisfied.
2. In summary, Mrs Q says the alledged fault is significantly and adversely affecting her health and wellbeing. As a desired outcome, she wants a full independent review of the decision and for the Council to provide suitable accommodation.

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The Ombudsman’s role and powers

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. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. Certain decisions on homelessness and the suitability of temporary accommodation can be challenged by the complainant seeking a review and then exercising their right of appeal to county court on a point of law. This includes whether an application is homeless, eligible or in priority need. Normally we would not investigate complaints about these decisions where these review and appeal rights apply, as long as we are sure the complainant has been properly informed about their rights and the authority has acted on any review request made so far.
6. The key issue of Mrs Q’s complaint concerns the suitability of temporary accommodation provided to her by the Council following its acceptance of a duty to provide her housing assistance. This Council’s decision that the accommodation is suitable carries a right of review, as well as appeal right to country court in accordance with s204 of the Housing Act 1996. The latter is referred to as the statutory appeals procedure. The Council has reviewed its decision following a request from Mrs Q which she continues to contest. She therefore has a right of appeal under the staturory appeals procedure. I see no exceptional reason why she cannot exercise this right. We therefore have no legal jurisdiction to investigate this complaint.

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Final decision

7. We will not investigate this complaint. This is because the restriction I outline at paragraph three (above) applies.

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Investigator's decision on behalf of the Ombudsman