Summary: We will not investigate this complaint about the Council’s provision of temporary accommodation which Miss X says is unsuitable due to a mouse infestation. It was reasonable for Miss X to seek a review of suitability and use the appeals procedure available under the homeless legislation if this was unsuccessful.

The complaint

1. Miss X says she moved into temporary accommodation and she found that the accommodation was suffering from a mouse problem which she says makes the home unsuitable for her young child who may be exposed to risk of disease and health problems from mouse droppings and urine. She wants the Council to move her to alternative accommodation.

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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:

• further investigation would not lead to a different outcome, or
• 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))

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 X says she was offered temporary accommodation in July 2025 after she had been staying in interim accommodation which had a cockroach problem. She reported a mouse infestation to the Council in September 2025 and the Council responded within 2 weeks, carrying out hole filling and baiting where visible entry points may be. Miss contacted the Council a few weeks later and said that the problem was still occurring and contractors found some holes around the boiler area where mice may enter and filled these also.
7. Miss X complained to the Council about the problems she encountered and says that the mice are still present although there is no record that she has asked the council’s to take further action. She says she wants to be moved to alternative accommodation because she is concerned about the health implications of rodents being present.
8. When Miss X complained to the Council it advised her to ask for a suitability review if she believed she could not occupy the accommodation and provided a link to the relevant team. If someone believes their temporary accommodation is unsuitable they can seek a review under s.202 of the Housing Act 1996 part 7. This review right carries further appeal rights under s.204.
9. We cannot determine if accommodation is unsuitable where there is a statutory review process available. Thes disputes can only be determined by the courts. we can investigate complaints about disrepair in temporary accommodation but in this case the Council responded to her reports and when the first action was unsuccessful it revisited the address. We expect a council to respond to reports of disrepair or pest control needs but it is not always possible for action to achieve an immediate outcome. Re-infestation by many pest species often requires repeat treatment and identification.
10. It was reasonable for Miss X to ask for a review of her accommodation if she believes it is unsuitable and the review right is an ongoing means of challenging suitability, so this is still an available option.

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Final decision

11. We will not investigate this complaint about the Council’s provision of temporary accommodation which Miss X says is unsuitable due to a mouse infestation. It was reasonable for Miss X to seek a review of suitability and use the appeals procedure available under the homeless legislation if this was unsuccessful.

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Investigator's decision on behalf of the Ombudsman