Summary: We will not investigate Miss B’s complaint that her temporary accommodation is unsuitable. This is because it is reasonable for Miss B to challenge the Council’s decision at court.

The complaint

1. Miss B complains the Council placed her and her baby in unsuitable temporary accommodation after accepting the main housing duty when she was made homeless. Miss B says the hotel room is not large enough and she cannot fit a baby bath in the shower. Miss B would like the Council to move her to more suitable accommodation.
2. Miss B also says her caseworker sent someone to access her room and take photographs without her permission and when she knew Miss B was not there. Miss B says the Council has ignored her complaint about this.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The Act 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

5. I considered information provided by Miss B and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. Miss B had an opportunity to comment on a draft version of this statement. I have considered her comments.

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My assessment

8. Homelessness temporary accommodation must be legally suitable (Housing Act 1996, section 206). Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202)
9. If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. 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)
10. Miss B asked the Council to review the suitability of the temporary accommodation where she is living. Since Miss B has complained to us the Council has completed its decision on Miss B’s review request. The Council has decided the accommodation is suitable. The Council told Miss B of her right of appeal to the county court against this decision.
11. We will not investigate Miss B’s complaint that her temporary accommodation is unsuitable. This is because Miss B may put in an appeal to the county court. This is the process set out in law for a person to challenge the suitability of temporary accommodation and I find it is reasonable for Miss B to put in an appeal.
12. When Miss B asked the Council to review the suitability of the accommodation she raised concerns about her caseworker sending someone to access her room without her permission. The Council told Miss B she would need to put in a separate complaint about this because it could not be dealt with under the review procedure. Miss B may make this complaint to the Council. Until the Council has responded to this complaint under the Council’s complaints procedure it is too early for us to consider it.

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Final decision

13. We will not investigate this complaint. This is because it is reasonable for Miss B to put in an appeal to the county court.

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Investigator's decision on behalf of the Ombudsman