Summary: We will not investigate this complaint about the suitability of temporary accommodation. It is reasonable for Miss X to use her statutory right of appeal via the county court.

The complaint

1. Miss X complained the Council offered her family unsuitable temporary accommodation when they were homeless. She said the accommodation had caused the family distress, and significant inconvenience due to inadequate facilities for her disabled child. She wanted the Council to move the family to suitable permanent accommodation and pay them compensation.

Back to top

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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)
6. Miss X requested a review of the suitability of her family’s temporary accommodation in early 2025. The statutory right of review is via the county court, and unless there is a good reason a person cannot use that route, we would not normally consider a complaint about the matter. We do not have the same powers as the courts, and the courts are best placed to consider the issue.
7. There is not a reason in this case that it would be unreasonable for Miss X to use her statutory right of review. She referred to Section 202 of the Housing Act when she wrote to the Council, which indicates she was aware of her review rights. The points she raises can be worded in terms of ‘a point of law’ in line with the court procedure, and legal aid is available for such appeals so Miss X can be represented in court. We will not investigate this complaint.

Back to top

Final decision

8. We will not investigate Miss X’s complaint because it is reasonable for her to use her statutory right of appeal to the county court.

Back to top

Investigator's decision on behalf of the Ombudsman