Summary: We will not investigate this complaint about the suitability of temporary accommodation provided by the Council under its homelessness duty. Miss X has submitted a statutory suitability review and she will have further appeal rights to the courts once it is determined.

The complaint

1. Miss X complained about the Council placing her in unsuitable temporary accommodation. She says her son fell out of a window in 2024 because she could not secure it because he has no sense of danger. She also says the Council disputes her children’s disabilities and she has to use 3 flights of stairs to reach the second-floor accommodation. She wants the Council to move her to ground floor accommodation with a garden.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says the temporary accommodation provided to her by the council is unsuitable for her needs because she has disabled children and it is on the second floor. She is also concerned about the security of the windows following the incident in 2024 involving her son.
6. Although she has reported repair issues in the past she did not ask for a review of suitability under s.202 of the Housing Act 1996 until 2025. The Council has a duty to review suitability of temporary accommodation at any time when the tenant requests it.
7. The Council has confirmed that it is currently carrying out a suitability review. If the outcome is successful for Miss X then the Council has a duty to provide alternative accommodation within a reasonable time. If the review is not upheld Miss X will have further appeal rights to the County Court under s.204 of the legislation.

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Final decision

8. We will not investigate this complaint about the suitability of temporary accommodation provided by the Council under its homelessness duty. Miss X has submitted a statutory suitability review and she will have further appeal rights to the courts once it is determined.

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Investigator's decision on behalf of the Ombudsman