Summary: We will not investigate this complaint about the suitability of Ms X’s temporary accommodation. It was reasonable to expect Ms X to ask the Council for a review of its decisions.

The complaint

1. Ms X complained that the Council placed her in temporary accommodation which was in disrepair and had shared facilities. Ms X said that the temporary accommodation is affecting her mental and physical health as it is unsuitable for her medical conditions.

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The Ombuman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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)

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How I considered this complaint

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

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My assessment

6. The Council accepted a duty to provide accommodation to Ms X and offered temporary accommodation to her. In its offer letter, the Council explained Ms X had the right to seek a review of the suitability of the offer. We will not investigate Ms X’s complaint that the temporary accommodation was unsuitable when it was offered to her. Ms X had the right to seek a review of the suitability of the accommodation. It was reasonable to expect Ms X to have sought a review as the Council notified her of her right to do so.
7. Some months later, Ms X made a complaint to the Council about the suitability of her accommodation. The Council agreed to inspect Ms X’s property and carry out a non-statutory suitability review.
8. The Council carried out the non-statutory review and decided the property was suitable for Ms X. In its letter notifying Ms X of the decision, the Council explained Ms X had the right to seek a review of the decision.
9. We will not investigate the Council’s decision that the temporary accommodation remains suitable for Ms X. This is because Ms X has the right to seek a review of the suitability of the temporary accommodation. If Ms X’s review request is unsuccessful then she also has the right to appeal to the county court on a point of law. The Council notified Ms X of her review right, so it is reasonable to expect Ms X to follow the review and appeal processes.
10. Ms X complained that the property was in disrepair. But we will not investigate this complaint as it is not separable from the matters which Ms X can request a review of. The Council considered the disrepair issues when deciding Ms X’s temporary accommodation was suitable.

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Final decision

11. We will not investigate Ms X’s complaint because it was reasonable to expect Ms X to ask the Council for a review of its decision.

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Investigator's decision on behalf of the Ombudsman