Summary: We will not investigate this complaint about the suitability of temporary accommodation offered by the Council in an out of area location. It was reasonable for Ms X to appeal against the decision to the court following the statutory review of suitability. We will not investigate her complaint about the Council’s assessment of her housing application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Ms X complained about the Council placing her in unsuitable temporary accommodation under its homelessness duty. She says the accommodation is unsuitable for her family and would prefer to be in permanent accommodation or rehoused in the area where her temporary accommodation is located. She also complained about the banding priority assessment of her housing application which she believes is too low.

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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)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 the complainant and the Council’s review decision. I have also considered the Council’s housing allocations policy.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X says she was Accepted under the Council’s main housing duty in 2024. She was placed in temporary accommodation outside the Council’s area in a neighbouring authority because there was no accommodation available at the short notice it was given. Ms X has been in the accommodation since March 2024. She believes the accommodation is unsuitable for her needs and with the assistance of a local Citizens Advice Bureau she asked the Council to review the suitability under s.202 of the Housing Act 1996 part 7.
7. The Council carried out the review and it concluded that the accommodation was suitable for her needs. The Council’s decision letter advised Ms X of her right to challenge the review decision by way of an appeal to the County court under s.204 of the legislation. Ms X did not appeal and instead complained to us. It was reasonable for Ms X to seek local assistance with making an appeal to the court and we cannot overturn a Council’s decision on a homelessness application.
8. Ms X also complained about the Council’s assessment of her housing application on the housing register. She is currently placed in Band C and believes she should be in a higher banding because of her circumstances. The Council explained to her why she is in the correct banding for a homeless applicant according to its allocations policy and no special circumstances apply. She does not meet the threshold for Band A as a homeless household because her accommodation is not considered to be unsuitable and there is no threat of her losing the accommodation.

We cannot usually overturn a council’s decision on the priority given to a housing application or its decision unless there is fault in the assessment of the application. We may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations policy. We recognise that the demand for social housing far outstrips the supply of properties in many areas. I have seen no evidence of fault which would suggest that Ms X should be placed in a higher banding.

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Final decision

9. We will not investigate this complaint about the suitability of temporary accommodation offered by the Council in an out of area location. It was reasonable for Ms X to appeal against the decision to the court following the statutory review of suitability. We will not investigate her complaint about the Council’s assessment of her housing application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman