Summary: We will not investigate Mr X’s complaint about the suitability of his temporary accommodation. It is reasonable to expect Mr X to have used his court appeal rights.

The complaint

1. Mr X complained the Council has provided him and his family with unsuitable housing.
2. He says the unsuitable housing has meant his child has been made homeless.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. A Council can end its homelessness duty by offering accommodation it considers suitable that is available to them for at least 12 months. In the meantime, it must provide suitable temporary accommodation. Anyone who believes the Council’s offer is unsuitable can ask the Council to review the accommodation’s suitability (Housing Act 1996, section 202). If the review decides the offer was suitable, the applicant has the right to appeal to the county court on a point of law (Housing Act 1996, section 204).
8. Mr X says the property the Council provided was unsuitable and meant his child was homeless. Mr X used his right to request a review. The Council’s review decision upheld the decision that the offer was suitable and advised of the right to go to the county court on a point of law.
9. In its response to Mr X, the Council said its review did not find the property to be overcrowded, there was no reason for his child to be homeless and no evidence had been provided to support a change of circumstances.
10. It was reasonable for Mr X to exercise his right of appeal. Therefore, we will not consider the complaint further.

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Final decision

11. We will not investigate Mr X’s complaint because it was reasonable to expect him to have used his court appeal rights.

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Investigator's decision on behalf of the Ombudsman