Summary: Ms X complains about being in unsuitable temporary accommodation. Ms X, her husband and her four children are currently living in one room and this is having an adverse impact on the families mental health.

The complaint

1. Summary: Ms X complains about being in unsuitable temporary accommodation. Ms X, her husband and her four children are currently living in one room and this is having an adverse impact on the families mental health.

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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))

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

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. Ms X, her husband (Mr Y) and their 4 children were moved into their current temporary accommodation on or around 22 May 2025. Ms X complained about the suitability of the accommodation, specifically:
• There is only one bathroom which is not unsuitable for Ms X and Mr Y’s medical conditions and as such the accommodation is overcrowded
• The accommodation is difficult for Mr Y to manoeuvre around resulting in him hurting himself in the property
• The accommodation is isolated and far from the children’s school
• There are disrepair issues in the flat
6. Ms X also complained about the limited time provided to move into the temporary accommodation via the Council’s corporate complaints procedure.
7. On 3 July 2025, the Council conducted a suitability review of the accommodation and concluded that the accommodation was suitable for Ms X and her family. The Council informed Ms X of her right to request a statutory review under s.202 Housing Act 1996. Ms X exercised her right to request a review under the Housing Act.
8. On 7 July 2025, the Council responded to the Ms X’s stage one complaint, apologising for the confusion and unintentional unprofessional conduct of the staff as well as highlighting Ms X’s review rights in relation to the suitability but also the corporate complaint.
9. On 23 July 2025, Ms X asked for the complaint to be escalated to a stage 2 review. This was concluded on 20 August 2025. Whilst this review was being untaken, Ms X instructed a solicitor to assist with her suitability review and from the evidence this is currently still being dealt with by Ms X’s solicitors. If the review is unsuccessful she will have a further right of appeal to the County Court under s.204 of the Housing Act 1995.

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Final decision

We will not investigate this complaint regarding the suitability of Ms X’s temporary accommodation. Ms X has a statutory right of review which she has chosen to pursue by instructing a solicitor.

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Investigator's decision on behalf of the Ombudsman