Summary: We will not investigate Mr X’s complaint about the Council placing him in unsuitable temporary accommodation. This is because it was reasonable for him to use his right of appeal to the County Court. We will also not investigate his complaint about the Council’s wider handling of his homelessness case. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complains about the Council’s handling of his homelessness case. He says the Council placed him in unsuitable accommodation for the last five years. He says this is unaffordable for him. He says the Council has also failed to make reasonable adjustments for him and issued a ‘Notice to Quit’ in response to his subject access request (SAR).
2. Mr X says the Council’s actions caused him to accrue rent arrears and affected his mental health. He says he feels discriminated against and is in constant fear of debt and arrears.
3. Mr X wants an investigation into the matters he has raised. He also wants the Council to review his circumstances and place him in accommodation closer to his work and community. He also wants the Council to suspend the Notice to Quit action.

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The Ombudsman’s role and powers

4. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
7. 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)
8. The County Court deals with appeals about homelessness decisions.

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How I considered this complaint

9. I considered information provided by Mr X and the Council.
10. I considered the Ombudsman’s Assessment Code.

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My assessment

11. In 2020, the Council offered Mr X temporary accommodation under its homelessness duties. Mr X remained in this accommodation until 2024. We will not investigate the suitability of Mr X’s temporary accommodation between 2020 and 2024. This aspect of his complaint is late, and it was reasonable for him to complain to us about this sooner.
12. In 2024, the Council offered Mr X alternative temporary accommodation. Mr X asked the Council for a suitability review as he believed the accommodation was unsuitable because it was too far from his work, friends and family. The Council decided Mr X’s accommodation was suitable. It told Mr X he could appeal to the County Court if he was dissatisfied with the decision.
13. The Ombudsman is not an alternative review or appeal body. If Mr X was dissatisfied with the Council’s review decision, then he could have appealed to the County Court. I have seen no evidence to suggest it was unreasonable for him to appeal. Therefore, I will not investigate this aspect of his complaint.

Rent arrears and Notice to Quit

14. In 2024, the Council advised Mr X of his rent arrears. It then arranged a payment plan for him. By late 2025, Mr X’s rent arrears had increased and he defaulted on his payment plan. The Council then advised Mr X it would serve a Notice to Quit.
15. We cannot say the Council’s affordability assessment caused Mr X’s rent arrears. As noted above, if Mr X disagreed with that decision then he could have appealed to the County Court.
16. I am satisfied the Council took appropriate action to manage Mr X’s rent arrears. As Mr X defaulted on his payment plan, the Council was entitled to take further action. The evidence I have seen does not suggest the Council retaliated towards Mr X because he made a SAR. There is not enough evidence of fault on this point to justify us investigating.

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Final decision

17. We will not investigate Mr X’s complaint because it was reasonable for him to appeal to the County Court and because there is not enough evidence of fault by the Council on the other points.

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Investigator's decision on behalf of the Ombudsman