Summary: We will not investigate this complaint about the Council’s decision regarding Miss X’s housing banding and the suitability of her temporary accommodation as investigation is unlikely to find evidence of fault in the Councils actions and Miss X has the right to request a review.

The complaint

1. Miss X complains the Council failed to properly consider her and her family’s needs when assessing their housing situation after she fled domestic abuse. She says the temporary accommodation is unsuitable, the Council failed to act on medical evidence, placed her in the wrong banding and misapplied the Domestic Abuse Act 2021.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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. Miss X fled domestic abuse with her children in 2023 and applied to the Council as homeless. The Council accepted a homelessness duty and placed her in temporary accommodation.
7. Miss X complained the accommodation was unsuitable because of her medical needs, her child’s additional needs, the two‑bedroom size, and issues with disrepair. She also disputed the Council’s decision to place her in Band 3 and argued she needed a three‑bed property.
8. The Council recorded and considered her medical and professional evidence, applied its Housing Allocation Scheme, and placed her in Band 3 as an accepted homeless household. It explained that Band 1 is only awarded in restricted circumstances, which she did not meet, and that the Domestic Abuse Act 2021 does not prevent it from ending its homelessness duty with a private rented sector offer.
9. The Council advised her of her right to request a statutory suitability review under section 202 of the Housing Act 1996, but she has not done so. It also offered her a discretionary two‑bedroom property, assessed as suitable, which it considered she unreasonably refused.
10. The evidence shows the Council accepted its duty, provided temporary accommodation, considered relevant medical and domestic abuse information, correctly applied its Allocation Scheme, explained her review rights, and responded to her complaint at all stages.
11. We will not investigate Miss X’s complaint as investigation is unlikely to find fault in the Council’s actions. If Miss X believes her accommodation is unsuitable, it is reasonable for her to use her statutory right to request a review.

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Final decision

12. We will not investigate Miss X’s complaint as further investigation is unlikely to find evidence of fault and she has a statutory review right regarding suitability which is reasonable for her to use.

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Investigator's decision on behalf of the Ombudsman