Summary: We will not investigate this complaint about the suitability of temporary accommodation. This is because Mr X had a right of appeal to the county court and it would have been reasonable for him to use it.

The complaint

1. Mr X complains the Council has failed to provide him and his family with suitable temporary accommodation.
2. He says there are not sufficient bedrooms or bathrooms for his family nor enough space to store their belongings.
3. He wants to be moved to suitable accommodation.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X and his family were homeless and the Council met its duty to them by providing temporary accommodation.
9. Homelessness temporary accommodation must be legally suitable (Housing Act 1996, section 206). Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability (Housing Act 1996, section 202). If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)
10. Mr X complained to the Council that the accommodation was unsuitable and requested a review.
11. The Council undertook a review and said the accommodation was suitable. It told Mr X about his right to appeal, and sign posted him to Shelter and legal aid. Mr X did not receive this notification. The Council resent it and told him he could make an out of time appeal. I consider it would have been reasonable for Mr X to have used his right to appeal. Therefore, the restriction in paragraph five prevents us from investigating.

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Final decision

12. We will not investigate Mr X’s complaint because he had a right of appeal to the county court and it would have been reasonable for him to use it.

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Investigator's decision on behalf of the Ombudsman