Summary: We will not investigate this complaint about Mr X’s temporary accommodation. This is because we are satisfied with the action already taken by the Council.

The complaint

1. Mr X’s representative complained the Council failed to make Mr X aware of his right to request a review of the suitability of his family’s temporary accommodation.
2. As a result, the representative said they lived for too long in unsuitable, overcrowded housing and were caused distress. Mr X’s representative seeks a higher financial remedy than that already offered by the Council and further service improvements to be made.

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The Ombudsman’s role and powers

3. 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 are satisfied with the actions a council has taken or proposes to take, or if further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), section 24A(7), section 34(B) as amended)

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How I considered this complaint

4. I considered information provided by the complainant, his representative and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

Temporary accommodation

6. If a council is satisfied an applicant is unintentionally homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)
7. Temporary accommodation must be suitable for the needs of the applicant and their household. There is a statutory right to review the suitability of temporary accommodation. This then carries a right of appeal to county court on a point of law.

My findings

8. The Council decided it owed Mr X and his family a main housing duty in November 2024. From this point Mr X’s accommodation legally became temporary accommodation and he had a statutory right to ask the Council to review its suitability.
9. The Council accepted, following a complaint by Mr X’s representative, that its decision letter had not made these review rights clear enough. It apologized, reissued the letter and reviewed the property’s suitability. The Council decided it was not suitable and moved the family to alternative accommodation.
10. Mr X’s representative complained again, as they said the accommodation had been unsuitable as early as July 2024 when Mr X first made a housing application.
11. The Council took further corrective action. It:
• Improved its decision letter templates to make review rights clearer;
• Carried out training with housing staff; and
• Offered Mr X £2,000 as a financial remedy to recognize the period from July 2024 when he lived in unsuitable accommodation
12. The representative also raised concerns about the Council’s homelessness strategy more widely. The Council addressed these concerns through its complaint response and outlined steps it had taken to increase its availability of temporary accommodation.
13. I am satisfied with the action the Council has already taken including the improvements it has made to its service to prevent recurrence of the fault. Further investigation by us would most likely not lead to a different outcome. We will therefore not investigate this complaint further.

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Final decision

14. We will not investigate Mr X’s complaint because we are satisfied with the action already taken by the Council.

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Investigator's decision on behalf of the Ombudsman