Summary: We will not investigate this complaint about the Council allegedly failing to provide the complainant with temporary accommodation which is suitable for her medical needs due to her homelessness. This is because the issues raised by the complainant carry a right of a review and appeal to county court which we consider she could reasonably exercise.

The complaint

1. The complainant (Miss Q) complains about the suitability of temporary accommodation provided to her by the Council following its decision she is homeless and in priority need of accommodation. She says the Council accommodation is not suitable on account of it not meeting her medical needs.
2. In summary, Miss Q says the accommodation is significantly and adversely affecting her health and leaving her in a vulnerable position. As a desired outcome, she wants the Council to provide her with suitable accommodation.

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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 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)).
4. 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

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

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My assessment

6. We previously considered and decided a complaint from Miss Q about the same issues under complaint reference 2302019. Our final decision statement was issued on 7 October 2024 and made findings Miss Q could reasonably ask the Council for a review of its decision in accordance with The Homelessness (Review Procedure etc.) Regulations 2018.
7. In accordance with s.204(1) of the Housing Act 1996, a complainant has a right of appeal to county court on a question of law in respect of the suitability of temporary accommodation where this is given following the local authority having accepted the main housing duty, as well as the complainant exhausting the review process. This appeal right was explained in our final decision statement.
8. Normally we would not investigate such complaints where these review and appeal rights apply, providing we are sure the complainant has been properly informed about their rights and the authority has acted on any review request made so far. On the evidence available to me, Miss Q was aware of her review and appeal rights following our consideration of her complaint made to us previously. Further, when the Council did carry out a review of its decision, this invited her to seek further engagement with it to facilitate a further review should she disagree with the findings in light of difficulties she had on account of her medical needs. There is no evidence this offer was taken up by the Miss Q. On balance, I consider it would have been reasonable for her to do so.
9. In any event, Miss Q has a right of appeal to county court as her complaint relates to a question of law as to whether her property is suitable for her medical needs in compliance with the Council’s duty under the Housing Act 1996. On the one hand, the Council considers the accommodation complies with this duty whereas on the other Miss Q disputes this. It would be reasonable for Miss Q to exercise this right of appeal given she has been informed of this previously and because this is process Parliament has legislated for and intends complainants in these circumstances to use. Where the time limit to make such an appeal has lapsed, Miss Q could request permission from the court to accept a late appeal on the basis of any mitigating circumstances. I will not therefore exercise my discretion to investigation and we have no jurisdiction to investigate the issues raised.

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Final decision

10. We will not investigate this complaint. This is because the restrictions I outline at paragraphs three and four (above) apply.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman