Summary: We will not investigate this complaint about the Council’s offer of temporary accommodation which Miss X says was unsuitable. It was reasonable for Miss X to challenge the decision by way of a review and further appeal to the County Court.

The complaint

1. Miss X complained about the Council placing her in unsuitable temporary accommodation. She says the offer of a studio flat was unsuitable for her housing needs and that of her 1-year-old son. She wants the Council to provide larger more 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)
3. 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))

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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. Miss X says the Council’s provision of a studio flat as temporary accommodation was an unsuitable offer. She has a 1-year-old son and is pregnant with her seconds child. She believes the flat is too small and will need more space when her baby is born.
7. Miss X asked for a review of suitability under s.202 of the Housing Act 1996 and the Council carried this out. The Council told her that the accommodation is suitable for one adult and a child of 1 year. Her unborn child cannot be included in the calculation for statutory overcrowding. The Council’s decision did not uphold her suitability request and it gave her advice about her right to appeal the decision to the County Court under s.204 of the Housing Act 1996.
8. We cannot overturn a decision on someone’s homelessness application and there is a review /appeal procedure available under the legislation which we would normally expect someone to follow if they wish to challenge the Council’s decision. Miss X used the review right and could have further appealed to the court if she disagreed with it.

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Final decision

9. We will not investigate this complaint about the Council’s offer of temporary accommodation which Miss X says was unsuitable. It was reasonable for Miss X to challenge the decision by way of a review and further appeal to the County Court.

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Investigator's decision on behalf of the Ombudsman