London Borough of Southwark (25 001 179)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 08 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the suitability of temporary accommodation. It was reasonable for Miss X to use her statutory right of appeal to the county court, and it is open to her to now ask the court to consider a late appeal.
The complaint
- Miss X complained the Council provided her temporary accommodation which was unsuitable due to her medical needs. She said this caused her distress, and she wanted the Council to move her to suitable accommodation.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X’s complaint is about the temporary accommodation the Council provided when she was homeless, which she considers unsuitable. Miss X requested a review of the Council’s decision. It issued its response refusing her appeal. At the end of that letter, the Council explained Miss X’s statutory right of appeal to the county court on a point of law.
- The Ombudsman is not an appeal body. When someone has a statutory right of appeal to court, we normally expect them to use it. There is no evident reason Miss X could not have used her right of appeal. Legal aid is available for people to appeal homelessness decisions to the county court, and the court is the best placed body to consider the matter. We will not investigate a complaint about the matter instead.
- Appeals to the county court must be made within 21 days. Given the time that has passed since the Council issued its response to Miss X’s review request, it is open to Miss X to now ask the court to consider a late appeal.
Final decision
- 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.
Investigator's decision on behalf of the Ombudsman