Summary: We will not investigate this complaint about the suitability of temporary accommodation provided by the Council under its homeless duty. It was reasonable for Miss X to appeal against the Council’s rejection of her suitability review.

The complaint

1. Miss X complained about the Council’s decision that her temporary accommodation is suitable following a review of suitability. She says the flat is unsuitable for her family’s health needs and is hostel 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 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’s response.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X says the Council has unreasonably dismissed her review of suitability of her temporary accommodation. She made a previous complaint to us about this matter ref: 25008223 but at that stage her review under s.202 of the Housing Act 1996 had not been completed. The Council determined the review in December 2025 and this was not upheld.
7. S.202 review decisions carry a further right of appeal to the County Court under s.204. the Council’s review decision letter advised Miss X of her appeal rights and she has used a Citizen’s Advice centre to challenge housing matters in the court previously. It was reasonable for Miss X to challenge the Council’s decision by appealing.

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Final decision

8. We will not investigate this complaint about the suitability of temporary accommodation provided by the Council under its homeless duty. It was reasonable for Miss X to appeal against the Council’s rejection of her suitability review.

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Investigator's decision on behalf of the Ombudsman