Summary: Miss Y complained that the Council have put herself and her family into unsuitable accommodation. She says the five flights of stairs is too difficult to navigate with two young children, the open plan layout is hazardous and there is anti-social behaviour within the estate.

The complaint

1. Summary: Miss Y complained that the Council have put herself and her family into unsuitable accommodation. She says the five flights of stairs is too difficult to navigate with two young children, the open plan layout is hazardous and there is anti-social behaviour within the estate.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss Y complained to the Council that the layout of the two-bedroom property and anti-social behaviour within the communal areas outside means that the property is unsuitable. She says these issues have caused her distress and are endangering her children. She requested a review of the suitability of her temporary accommodation in May 2025.
7. The evidence shows that the Council deemed the property to be suitable in terms of size, location and condition in their section 202 review decision letter from July 2025. They offered Miss Y reasonable, practicable advice on baby proofing the property and lifestyle changes to manage the stairs.
8. In correspondence from May they reported the anti-social behaviour to their management team and advised Miss Y to report any issues to Crime Stoppers, which she declined.
9. The Council also advised Miss Y that she could apply to the County Court to appeal their decision within the statutory timeframe.

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Final decision

We will not investigate Miss Y’s complaint against the Council’s handling of Miss Y’s homelessness case and its decision that the accommodation was suitable. This is because there is insufficient evidence of fault its decision-making to justify our involvement. It was reasonable for Miss Y to use the appeals procedure to challenge this decision.

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Investigator's decision on behalf of the Ombudsman