Summary: We will not investigate this complaint about the suitability of temporary accommodation. It was reasonable for Miss X to use her statutory right of appeal to the county court. It remains open to her to seek permission from the court to submit a late appeal.

The complaint

1. Miss X complained the Council placed her in unsuitable temporary accommodation. She said this has caused her child’s respiratory illness to worsen, has caused her significant distress, and has compounded the injustice she said the family faced by having already lived in different unsuitable accommodation. She wanted the Council to move the family to suitable accommodation.

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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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X asked the Council to reassess the suitability of the temporary accommodation it placed her family in. She says the family had already been moved from other unsuitable temporary accommodation, when the Council conceded after a lengthy challenge.
6. The Council issued a review decision, upholding its decision the accommodation is suitable for the family. At the end of that letter, the Council explained Miss X’s right of appeal to the county court.
7. Where someone has a statutory right of appeal, we normally expect them to use it. We are not an appeal body, and the courts are best placed to consider the matter. There is not a reason in this case for us to consider the matter instead. Legal aid is available for applicants to appeal.
8. Miss X has not indicated to us that she has appealed. Given the time limit for doing so is 21 days, she would now need to ask the court for permission to submit a late appeal, explaining her reasons for the delay.

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Final decision

9. We will not investigate Miss X’s complaint because it was reasonable for her to use her statutory right of appeal to the county court.

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Investigator's decision on behalf of the Ombudsman