Summary: We will not investigate this complaint about the Council’s decision to discharge its homelessness duty and evict Ms X from temporary accommodation following an offer of accommodation which she refused as being unsuitable. It was reasonable for Ms X to appeal to the County Court against the Council’s decisions and she has now commenced proceedings.

The complaint

1. Ms X complained about the Council offering her unsuitable accommodation under its main housing duty. She is currently in temporary accommodation but the Council is taking eviction action following it decision to discharge its homelessness duty when she refused the offer. She wants the Council to end the eviction, make her a suitable offer and compensate her for the actions against her.

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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)
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. Ms X says the Council offered her accommodation on an estate which she says was unsuitable for her housing needs. She says there was an unsafe balcony for her children’s needs and the estate is largely abandoned and in disrepair. She asked for a review and the Council carried out a review under s.202 of the Housing Act 1996. The Council upheld its view that the offer was suitable.
7. The Council wrote to Ms X and told her it was discharging its homelessness duty because she had refused a suitable offer. It told her she must leave the temporary accommodation by July 2025 or be evicted form the property. Miss X had a right to challenge the Council’s decision in the County Court under s.204 of the Housing act. She has now commenced appeal proceedings.
8. We cannot investigate a complaint where the complainant has exercised a right of appeal to the court. The court will make the decision as to whether the Council’s actions have complied with the legislation.
9. There was no fault in the Council’s processing of Ms X’s homelessness case because it offered her the review and appeal information in its decision letters.

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Final decision

10. We will not investigate this complaint about the Council’s decision to discharge its homelessness duty and evict Ms X from temporary accommodation following an offer of accommodation which she refused as being unsuitable. It was reasonable for Ms X to appeal to the County Court against the Council’s decisions and she has now commenced proceedings.

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Investigator's decision on behalf of the Ombudsman