Summary: We will not investigate Ms Y’s complaint about the Council’s decisions that temporary accommodation offered to her was suitable and to end the main housing duty. It is reasonable to expect Ms Y to have appealed to the county court against the Council’s decisions.

The complaint

1. Ms Y complains that the Council offered unsuitable temporary accommodation and wrongly considered she had refused the offer. As a result the Council wrongly ended its main housing duty to her. Ms Y says the Council’s action have caused significant distress to her.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Ms Y and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Some years ago, Ms Y made a homelessness application. The Council accepted the main housing duty and offered temporary accommodation to her. In 2025, the Council offered alternative temporary accommodation to Ms Y. She considered this was unsuitable. The Council considered Ms Y had refused a suitable offer of temporary accommodation so it ended the main housing duty.
7. Ms Y requested a review of the Council’s decision. The Council upheld its decisions that the property was suitable and to end the main housing duty.
8. We will not investigate Ms Y’s complaint. Ms Y had the right to appeal to the county court on a point of law against the Council’s decisions that the temporary accommodation was suitable and to end the main housing duty. The Council notified Ms Y of her right to appeal to the county court in its review decision letter. The matter of whether the Council properly considered Ms Y’s review request, including whether her actions amounted to a refusal of the temporary accommodation is a point of law. So, it is reasonable to expect Ms Y to have appealed to the county court.

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Final decision

9. We will not investigate Ms Y’s complaint as it is reasonable to expect her to appeal to the county court.

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Investigator's decision on behalf of the Ombudsman