Summary: We will not investigate Ms X’s complaint about the suitability of a housing offer and its refusal to accept a complaint about the matter. The Council agreed to conduct a suitability review. If Ms X is dissatisfied with the outcome of the review, she can appeal to the county court. It is unlikely we would find fault in the Council’s decision not to also consider the matter under its complaint’s procedure.

The complaint

1. Ms X complains the Council has made her an offer of unsuitable housing and refused to accept a complaint about the matter.

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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:

• there is not enough evidence of fault to justify investigating, 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. 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. Housing legislation provides applicants with a statutory right of review about the suitability of accommodation offered to end the main housing duty. If a person is unhappy with the outcome of the review, they can appeal to the County Court on a point of law.
7. Ms X says the Council has made her an offer of unsuitable housing that does not meet her medical needs. She submitted a complaint about this but says the Council refused to accept her complaint on the grounds that it was already completing a review about the suitability of its offer.
8. We will not investigate this complaint. Where a statutory right of review and appeal exists, we usually expect people to use this process. The Council told Ms X it was conducting a review of the suitability of the accommodation offered. It is reasonable for Ms X to await the outcome of the review and if dissatisfied, she would then have a right of appeal to the court.
9. Given the Council was conducting a statutory review of its decision, it is unlikely we would criticise it for not also accepting a complaint about the matter.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault and it is reasonable for her to use her right of review and if dissatisfied, appeal to the court.

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Investigator's decision on behalf of the Ombudsman