Summary: We will not investigate this complaint about the Council’s offer of accommodation under its homelessness duty which Miss X says is unsuitable for her needs. It was reasonable for Miss X to ask for a suitability review of her accommodation offer and to appeal against any outcome which was unfavourable.

The complaint

1. Miss X complained about the Council’s offer of permanent accommodation. She says the property offered is in a tower block and she is already in similar temporary accommodation which she believes is not suitable for her child’s needs. If she refuses the offer she is concerned that the Council was discharge its homelessness duty.

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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 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

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

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My assessment

5. Miss X says she has been offered permanent accommodation by the Council to end her stay in temporary accommodation under its homelessness duty. She says that she needs a ground floor flat or a house with a private garden for her son’s health needs.
6. The Council says she does not meet medical needs requirements for such properties and that following an assessment by an occupational therapist the offer of a flat is suitable. If she wishes to challenge the offer she could accept it and then ask for a review of suitability under s.202 of the Housing Act 1996. If she is unsuccessful she will have further rights of appeal tot the County Court under s.204.
7. We cannot determine if the offer is suitable and any review will require any medical evidence to be considered as part of the procedure. It is reasonable for Miss X to ask for a review. If the Council discharges its homelessness duty Miss X will have rights to have this decision reviewed or appeal also.

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Final decision

8. We will not investigate this complaint about the Council’s offer of accommodation under its homelessness duty which Miss X says is unsuitable for her needs. It was reasonable for Miss X to ask for a suitability review of her accommodation offer and to appeal against any outcome which was unfavourable.

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Investigator's decision on behalf of the Ombudsman