Summary: We will not investigate this complaint about the suitability of temporary accommodation. It was reasonable for Miss X to request a review of the Council’s decision, then to use her statutory right of appeal to county court.

The complaint

1. Miss X complained the Council provided unsuitable temporary accommodation to her family. She said the matter had caused significant distress to her and her children. She wanted the Council to provide suitable temporary accommodation.

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The Ombudsman’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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X is staying in temporary accommodation provided by the Council after her family became homeless. She asked the Council to reassess the suitability of the accommodation.
7. The Council issued Miss X a decision in late 2024 saying the accommodation was suitable. It told her she had the right to request a review of that decision within 21 days. Miss X has not provided any evidence she did so.
8. Had Miss X requested a review of the suitability of her accommodation, the Council’s response, if negative, would have explained her statutory right of review via the county court. We normally expect people to use this route to challenge the suitability of temporary accommodation. We are not an appeal body, and the court is best placed to consider the matter. Legal aid is available for people to be represented for free in such appeals. There is not a reason in this case for us to consider the matter instead.
9. It is open to Miss X to ask the Council to consider a late review request. However, more than 21 days has passed. The Council therefore has discretion, rather than a duty, to issue a review decision. As the Council’s duty to provide suitable temporary accommodation is ongoing, it is open to Miss X alternatively to request a new suitability assessment, explaining any change of circumstances that may have occurred since September 2024.

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Final decision

10. We will not investigate Miss X’s complaint because it was reasonable for her to request a review of the Council’s decision her accommodation was suitable, then use her statutory right of appeal to the county court.

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Investigator's decision on behalf of the Ombudsman