Summary: We will not investigate Miss X’s complaint about the suitability of Mr Y’s temporary accommodation. It was reasonable for Mr Y to use his review and appeal rights. We also will not investigate Miss X’s complaint about remarks made by an officer to Mr Y. The Council apologised for the offence caused to Mr Y which was an appropriate and proportionate remedy.

The complaint

1. Miss X complains on behalf of Mr Y. She complains that:

• The Council placed Mr Y in unsuitable temporary accommodation.
• An officer made inappropriate remarks when Mr Y said he’d had suicidal thoughts.
• The Council failed to contact Mr Y to identify what support it could offer.

2. Miss X says that the temporary accommodation and the officer’s remarks aggravated Mr Y’s mental health conditions and made him feel suicidal.

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The Ombudsman’s role and powers

3. 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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr Y has lived in temporary accommodation for a number of years. In early 2025 the Council offered alternative temporary accommodation to him. Mr Y moved into the temporary accommodation but he considered it to be unsuitable. Mr Y told an officer that the temporary accommodation was making his mental health conditions worse. Mr Y also said that he’d had suicidal thoughts.
8. Miss X made a complaint to the Council on Mr Y’s behalf about the suitability of the temporary accommodation. The Council advised Miss X that Mr Y could request a review of the suitability of his temporary accommodation.
9. We will not investigate Miss X’s complaint about the suitability of Mr Y’s temporary accommodation. Mr Y had the right to request a review of the suitability and appeal to the county court if the review was not successful. The Council notified Mr Y of his review right and Miss X was also assisting him. It was therefore reasonable for Mr Y to have used his review and appeal rights.
10. Miss X also complained that an officer made inappropriate remarks when Mr Y disclosed he’d had suicidal thoughts The Council upheld Miss X’s complaint. It considered the officer was well meaning but their remarks could be misinterpreted.
11. We will not investigate this complaint as the Council apologised to Mr Y when responding to the complaint. This is a proportionate remedy for the offence and distress caused to Mr Y by the officer’s remarks. It is also in line with our Guidance on Remedies. An investigation would not achieve more for Mr Y.
12. In response to Miss X’s complaint the Council said it would make a safeguarding referral to determine if he required support. Miss X said the Council did not contact Mr Y following the complaint. The Council carried out a needs assessment for Mr Y following the conclusion of his complaint. This was to identify if Mr Y required any support. It has therefore taken the action it said it would take. So, there is insufficient evidence of fault to justify an investigation into this aspect of the complaint.

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Final decision

13. We will not investigate Miss X’s complaint about the suitability of Mr Y’s temporary accommodation. It was reasonable for Mr Y to use his review and appeal rights. We also will not investigate Miss X’s complaint about remarks made by an officer to Mr Y. The Council apologised for the offence caused to Mr Y which was an appropriate and proportionate remedy.

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Investigator's decision on behalf of the Ombudsman