Summary: We will not investigate this complaint. The Council has offered a suitable remedy for the injustice caused to Ms X from living in a Bed and Breakfast(B&B) longer than six weeks. Ms X has review and appeal rights she can use to challenge the suitability of her current accommodation. There is not enough injustice from any remaining fault to justify further investigation.

The complaint

1. Ms X complained that she and her child lived in accommodation with shared facilities for over seven months. Ms X says this negatively affected her mental health. She wants the Council to provide suitable 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:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or
• 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. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X was homeless. The law says homeless families with children should not live in B&B except as a last resort and then for no more than six weeks. The Council accepts that Ms X was in B&B for 20 weeks longer that the six-week maximum. In response to Ms X’s complaint, it apologised and offered Ms X a remedy of £2,000 for the injustice this caused. We will not investigate this part of the complaint further. The Council has accepted fault and the remedy offered is in line with our published guidance.
8. Ms X moved into self-contained accommodation in July 2025. She used her statutory right to review the suitability of this offer. She has a right to appeal to court on a point of law if she is unhappy with the result and there is no reason she could not use this right. We will not, therefore, investigate this part of the complaint.
9. Ms X complained about other issues relating to the Council’s handling of her homelessness and her interactions with staff in a hostel. We will not investigate these complaints. There is not enough injustice to Ms X from these remaining matters to justify investigating.

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Final decision

10. We will not investigate Ms X’s complaint. The Council has offered a satisfactory remedy for leaving Ms X in B&B 20 weeks too long. Ms X has review and appeal rights about the suitability of her current accommodation she can use. There is not enough injustice from the remaining matters to justify investigating.

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Investigator's decision on behalf of the Ombudsman