Royal Borough of Kensington & Chelsea (25 014 843)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 13 Mar 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the suitability of accommodation the Council offered her. Miss X had a right of appeal to the County Court and it would have been reasonable for her to use that right.
The complaint
- Miss X complained about the accommodation offered by the Council which ended its main housing duty towards her.
- Miss X said the images and description of the property were not accurate and the accommodation posed risks to her daughter. Miss X said this also caused stress.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In June 2025 the Council offered Miss X accommodation which ended the main housing duty it owed her.
- Miss X said the property offered to her was not the same as the one she bid for. She said the location and size of the property was different.
- Miss X used her statutory right to ask for a suitability review of the accommodation.
- The Council carried out the suitability review and decided the property was suitable in August 2025.
- Following the Council’s decision, Miss X had a further right of appeal to the County Court.
- This right is set out in law, and because we cannot overturn the Council’s decision, it is reasonable to expect that Miss X would have used it.
- For this reason, we will not investigate this complaint.
Final decision
- We will not investigate Miss X’s complaint because she had a right of appeal to the County Court and it would have been reasonable for her to use that right.
Investigator's decision on behalf of the Ombudsman