Summary: We will not investigate Ms C’s complaint about her housing situation. This is because the information does not indicate the Council was at fault for the way it has considered Ms C’s housing application. And, the Council has agreed to review the suitability of Ms C’s temporary accommodation.

The complaint

1. Ms C complains she is living in overcrowded one bedroom temporary accommodation which is unsuitable for her and her four young children. Ms C says there is not enough space and her health conditions are being made worse by her accommodation. Ms C would like the Council to offer her alternative accommodation which meets the needs of her family.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• 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))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Ms C and the Council. I have considered the Council’s housing allocations scheme and the homelessness code of guidance for local authorities.
5. I considered the Ombudsman’s Assessment Code.
6. Ms C had an opportunity to comment on a draft version of this statement. I have considered her comments.

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My assessment

7. Ms C moved into her current accommodation in late 2020. The property is temporary accommodation offered by the Council in performance of the main housing duty after Ms C became homeless.
8. Ms C also applied to the Council to join the Council’s housing register. The Council placed Ms C’s housing application in Band 3 as a person owed the main housing duty and living in temporary accommodation.
9. In September 2023 Ms C asked the Council to review the suitability of the temporary accommodation for her and her three children. The Council decided the accommodation was suitable.
10. In late 2024 Ms C’s fourth child was born.
11. Ms C put in a request to the Council for medical priority to be awarded to her housing application.
12. In February 2025 the Council told Ms C it had decided not to award medical priority to her housing application. Ms C asked the Council to review this decision. In March the Council considered Ms C’s review request and upheld the initial decision not to award medical priority.
13. The Council has placed Ms C’s housing application in Band 3. This is the correct band for a person who is owed the main housing duty and is living in temporary accommodation. The Council’s housing allocations scheme does not award additional priority for overcrowding in such circumstances.
14. The Council has recently considered and decided Ms C’s request for medical priority. I have not seen any information to indicate there was fault in the way the Council reached its decision not to award medical priority. This means we cannot question the Council’s decision.
15. So, there is not enough evidence of fault to investigate Ms C’s complaint about the Council’s handling of her housing application.
16. Homelessness temporary accommodation must be legally suitable. The Council last reviewed the suitability of the temporary accommodation where Ms C is living in September 2023. Since then Ms C has had another child.
17. Government guidance says councils have a continuing obligation to keep the suitability of accommodation under review, and to respond to any relevant change in circumstances which may affect suitability, until such time as the accommodation duty is brought to an end (Homelessness Code of Guidance for Local Authorities, para 17.8).
18. The Council has agreed to undertake a new review of the suitability of this temporary accommodation. The Council can invite Ms C to provide up to date information about her living situation, which will inform the Council’s decision.
19. This is the process set out in homelessness law for a complaint about the suitability of temporary accommodation and this decision can be challenged by putting in an appeal to the county court. So, we will not investigate this part of Ms C’s complaint.

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Final decision

20. We will not investigate this complaint. This is because the information does not indicate the Council was at fault for the way it has considered Ms C’s housing application. The Council has agreed to review the suitability of Ms C’s temporary accommodation. This is the appropriate route for Ms C’s concerns to be considered.

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Investigator's decision on behalf of the Ombudsman