Summary: We have upheld Ms X’s complaint that the Council did not properly consider whether her temporary accommodation was suitable. The Council has agreed to resolve this by making a new decision which resolves the complaint early. We will not investigate Ms X’s other complaints. Some are late. In relation to more recent events about staff conduct and rent arrears, we could not add to any previous investigation by the organisation.

The complaint

1. Ms X complains the Council has failed to provide her and her family with suitable accommodation since 2023, failed to update her personalised housing plans (PHPs), did not assist her to join the housing register and failed to properly deal with her complaints about staff conduct.

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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. 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, or
• any injustice is not significant enough to justify our involvement, or
• 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))

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How I considered this complaint

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

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My assessment

7. The Council created two personalised housing plans for Ms X in October 2022 and January 2023 and accepted a full housing duty in January 2023. It placed Ms X and her family in temporary housing that month where she still lives.
8. Ms X complained to us in January 2026. Therefore her complaints that the Council failed to provide her and her family with suitable accommodation and failed to update her personalised housing plans (PHPs), are late. This is because Ms X was aware of these matters over three years ago and I can see no good reason why she did not complain to us sooner. Therefore, I will limit my consideration of her complaint to the 12 months before she came to us.
9. The Council considered the suitability of Ms X’s temporary accommodation through its corporate complaints process. It said Ms X should provide medical evidence to support her view that the property was unsuitable.
10. However, Ms X states the property is unsuitable for several reasons and not just on medical grounds.
11. Councils have a duty to keep the suitability of accommodation under review. An applicant may ask a council to reconsider the suitability of their current temporary accommodation if their circumstances change (for example, if their medical or disability-related needs change or there is an increase in the size of the household). The council should then make a new suitability decision. (R(B) v Redbridge LBC [2019] EWHC 250 (Admin))
12. If the council decides the accommodation is suitable, that decision must be put in writing and the applicant must be notified of the right to request a section 202 review. The applicant can then use the section 202 review procedure to challenge the decision on suitability.
13. If we investigated this complaint it is likely we would find the Council at fault because it should have made a fresh decision about suitability which would have given Ms X review and appeal rights. We therefore asked to the Council to consider remedying the injustice caused by its actions by providing a fresh decision on the suitability of her accommodation.
14. The Council agreed to resolve this aspect of the complaint and will make a fresh decision about suitability within four weeks of this date of this decision statement to resolve the complaint early.
15. Ms X says the Council has failed to update her PHP since January 2023. Again much of this complaint is late. The Council said that the steps in the later PHP remain ongoing and should continue to be followed.
16. Council should keep PHPs under review and as a minimum review them at every change in duty. However, Ms X has been the same temporary accommodation since 2023 and so it is unlikely the Council’s failure to review the PHP has caused significant enough injustice to warrant an investigation.
17. Ms X complains the Council has not provided help for her to join the housing register. The Council provided a link for Ms X to start an application but stated that because she had rent arrears it was unlikely she would be made an offer for a significant period of time. I can see no evidence of Ms X requesting help with completing her housing register application. Therefore we will not investigate because there is not enough evidence of fault to justify an investigation.
18. Ms X says the Council has provided misleading and inaccurate information about the rent arrears she has accrued. The Council says it has no evidence to substantiate these allegations and suggested Ms X provide evidence to support these complaints. It is open to Ms X to do so if she wishes to pursue this matter.
19. Ms X is also unhappy about alleged abusive treatment by Council staff.
20. The Council has been unable to substantiate these complaints as it says it has no evidence to support Ms X’s allegations. We will not investigate these complaints as we could not come to robust findings on what took place.

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Final decision

21. We have upheld one of Ms X’s complaints and the Council has agreed to resolve this early by providing a proportionate remedy for the injustice caused. We will not investigate Ms X’s other complaints. Some are late. And with the others, there is either not enough evidence of fault to justify investigating, any injustice is not significant enough to justify our involvement or further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman