Summary: We will not investigate this complaint about the Council’s decision to end its interim accommodation duty. We cannot determine suitability of interim accommodation and it is a matter which the courts are best placed to determine.

The complaint

1. Miss X complained about being offered non-self-contained room as interim accommodation under the Council’s homelessness Relief duty. She says the room was unsuitable for her family as she would not leave her children unattended whilst using communal facilities.

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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)

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How I considered this complaint

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

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My assessment

5. Miss X says she was homeless and the Council offered her a room in a hostel as interim emergency accommodation. She accepted the offer but when she looked at the room, she turned it down because it did not have its own toilet and facilities. She says she would not leave her children unattended whilst using communal facilities and so it was unsuitable for her needs.
6. The Council re-offered the accommodation and when she refused it again it sent her s decision that it was ending its duty to provide interim accommodation under s.188 of the Housing Act 1996. This decision does not carry a right of review or appeal. The Council informed her in the letter that it would retain its s.189 homelessness duty towards her but would not provide further offers of interim accommodation.
7. The Council followed the correct procedure when offering accommodation and withdrawing it. We cannot determine whether interim accommodation is suitable for a particular applicant’s circumstances. The courts have established some cases where such offers were not suitable and they would be better placed to decide this in Miss X’s case by way of judicial review.

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Final decision

8. We will not investigate this complaint about the Council’s decision to end its interim accommodation duty. We cannot determine suitability of interim accommodation and it is a matter which the courts are best placed to determine.

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Investigator's decision on behalf of the Ombudsman