Summary: We will not investigate this complaint about the suitability of temporary accommodation provided by the Council under its homelessness duty. The Council has already agreed to a suitability review, and it is reasonable for Mr X to complete the review/appeal procedure offered by the homelessness legislation.

The complaint

1. Mr X complains temporary accommodation provided to his family by the Council is unsafe for his family. Mr X says the Council has failed to address the safety concerns, and wants the Council to provide interim safety measures and provide his family with permanent accommodation.

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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. 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)
4. 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)
5. The County Court deals with appeals about homelessness decisions.

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How I considered this complaint

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

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My assessment

8. Mr X says his family has lived in temporary accommodation for several years. Mr X complained to us in January 2026. I have seen no reason why, if he were unhappy with the Council’s actions, Mr X could not have complained to us sooner. So, the restriction in paragraph three applies, and we will only consider the previous 12 months before Mr X complained to us.
9. If someone wishes to challenge the suitability of temporary accommodation, we normally expect them submit a suitability review request under the Housing Act 1996. If this is unsuccessful, they would will a further right of appeal of the review outcome under s.204 to the County Court.
10. Following Mr X’s complaint to the Council, the Council has agreed to do a suitability review. If Mr X is unhappy with the outcome of the review, it would be reasonable to expect him to complete the appeal procedure through the County Court.

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Final decision

11. We will not investigate Mr X’s complaint because the Council has already agreed to a suitability review, and it is reasonable for Mr X to complete the review/appeal procedure offered by the homelessness legislation.

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Investigator's decision on behalf of the Ombudsman