Summary: We will not investigate this complaint about the Council’s alleged unsuitable offer of temporary accommodation. Any fault in the Council’s actions has not caused an injustice, as it offered Miss X different temporary accommodation which she accepted.

The complaint

1. Miss X complained the Council made her an unsuitable offer of accommodation following her homelessness application. Miss X said the matter caused her significant distress, and moving a significant distance would impede her children’s education and isolate the family from their support system. Miss X was concerned about the family’s safety in the proposed area. Miss X wanted the Council to allow the family to remain in its area.

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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 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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. We will not normally investigate complaints about the suitability of temporary accommodation. This is because the suitability of temporary accommodation brings a statutory right of appeal via the county court. We may consider the matter where it was not reasonable for the person to use their right of appeal.
7. Miss X has provided us with evidence she told the Council the temporary accommodation was not suitable for her family, and she asked to appeal. The Council told us Miss X did not request a review of the suitability of her accommodation. If we investigated this complaint, it is likely we would find the Council at fault for not recognising this email as a review request, thus denying Miss X her right of appeal.
8. However, the Council subsequently found Miss X alternative accommodation in another London borough, which it says she accepted and moved into. For this reason, any fault in the Council’s earlier actions did not ultimately cause Miss X injustice.

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Final decision

9. We will not investigate Miss X’s complaint because any fault in the Council’s actions did not cause Miss X injustice.

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Investigator's decision on behalf of the Ombudsman