Summary: We will not investigate this complaint about suitability the Council’s offer of interim and temporary accommodation under its homelessness duty. The complainant has asked for a review of suitability under the s.202 review procedure and has further rights of appeal to the County Court.

The complaint

1. Miss X complained about the Council’s offer of accommodation under its homelessness duty which she says is unsuitable for her needs due to the distance from her mother for whom she is a carer and due to its small size.

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

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My assessment

6. Miss X says she was offered unsuitable temporary accommodation by the Council. She says it is located too far from her mother for whom she is a carer and that she believes she should be entitled to a two-bedroom property and this is only a one-bedroom flat. She says she was told that she could not appeal against this decision.
7. Miss X was previously in interim accommodation which was a hotel provided under the Council’s Relief housing duty under the Housing Act 1996 Part 7. The Council made her an offer of alternative accommodation under the Relief duty which she says is the unsuitable accommodation she moved into. Under the Relief duty an applicant cannot ask for a suitability review or appeal to the court because this remedy is only available for applicants in temporary accommodation under the main housing duty.
8. Miss X reluctantly accepted the accommodation and complained to us on the same day. Approximately a month later the Council ended the Relief duty when it accepted her under the main housing duty. She was now able to ask for a suitability review under s.202. and has done so after her complaint was made to us. The Council is currently considering her review request.
9. When the review is decided Miss X will have a further right of appeal to the County Court if it is unsuccessful.
10. It was reasonable for Miss X to follow the review/appeal procedure once she was accepted under the main housing duty. The Council was correct to advise her there was no appeal right under the interim accommodation duty and she could only seek a judicial review or complain to the Ombudsman, which she did as soon as she received the offer.

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Final decision

11. We will not investigate this complaint about suitability the Council’s offer of interim and temporary accommodation under its homelessness duty. The complainant has asked for a review of suitability under the s.202 review procedure and has further rights of appeal to the County Court.

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Investigator's decision on behalf of the Ombudsman