Summary: We will not investigate this complaint about the suitability of temporary accommodation. There is a right of review by the Council, and it is reasonable to expect Miss Y to follow this.

The complaint

1. Miss Y complained her temporary accommodation is not suitable for her family’s needs.
2. Miss Y also says the Council ignored medical information about her child.

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The Ombudsman’s role and powers

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:

• it would be reasonable for the person to ask for a council review or appeal

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How I considered this complaint

4. I considered information provided by Miss Y and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. Anyone who believes their temporary accommodation is unsuitable has a statutory right to ask the Council to review the accommodation’s suitability within 21 days of being notified of the decision. (Housing Act 1996, section 202).
7. Applicants can also ask a council to reconsider its decision about the suitability of temporary accommodation at any time. This might be necessary, for example, if there is a change in the applicant’s circumstances. This new decision is open to review under section 202, with a new 21-day timescale. (R(B) v Redbridge LBC m[2019] EWHC 250 (Admin))
8. 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)

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My assessment

9. The Council told Miss Y of her right to seek a review under Section 202 of the Housing Act 1996.
10. The Council has confirmed that Miss Y has not sought a review of its decision.
11. It is reasonable to expect Miss Y to ask the Council to review its decision. If the review is unsuccessful, Miss Y can appeal to the county court on a point of law. (Housing Act 1996, Section 204)

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Final decision

12. We will not investigate Miss Y’s complaint because she has the right to ask the Council to review their decision, and it is reasonable to expect her to follow this.

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Investigator's decision on behalf of the Ombudsman