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 court against the Council’s review of suitability decision.

The complaint

1. Miss X complained about the suitability of temporary accommodation provided to her under the Council’s homelessness duty. She says her accommodation is unsuitable even after her previous complaint to us about the state of repair. She wants the Council to move her to accommodation which is self-contained and free from disrepair.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council’s review of suitability of the accommodation.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says her temporary accommodation is unsuitable due to problems with dampness and disrepair. She made a similar complaint about the accommodation not us in 2023 (re no 23 007 237). We found fault and the Council took action to remedy the repair issues at the property by May 2024.
6. Miss X says the problems persist but the Council says it inspected and found no evidence of disrepair. Miss X asked the Council for a statutory review of suitability under s.202 of the Housing Act 1996. The Council carried out the review and in October 2024 concluded that the accommodation was suitable for her needs.
7. The review included details of Miss X’s right to challenge the decision by way of the County Court under s.204 within 21 days. We will not investigate complaints where it is reasonable to appeal to a court or an independent tribunal and this applies to Miss X’s case.

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Final decision

8. 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 court against the Council’s review of suitability decision.

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Investigator's decision on behalf of the Ombudsman