Summary: We will not investigate Mrs X’s complaint about the Council’s handling of its review of the suitability of her temporary accommodation. It was reasonable for her to use her right of appeal.

The complaint

1. Mrs X complains about the Council’s handling its suitability review of her temporary accommodation. She says the review was unbalanced, dismissed her evidence and failed to properly assess her welfare and safety concerns.
2. Mrs X says the matter has caused ongoing stress, uncertainty anxiety for their family. She says the review process has undermined her confidence in the Council.
3. Mrs X wants the Council to reconsider the decision and properly consider the evidence she provided.

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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, or

(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. 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)
7. The County Court deals with appeals about homelessness decisions.

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How I considered this complaint

8. I considered information provided by Mrs X.
9. I also considered the Ombudsman’s Assessment Code.

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My assessment

10. We will not investigate Mrs X’s complaint the Council failed to complete the suitability review of her temporary accommodation properly. The review decision demonstrates the Council considered the matters raised by Mrs X and the evidence she provided. It applied the relevant legal framework and explained the reasons for the conclusions it reached. There is not enough evidence of fault in how the Council completed the review.
11. The Council's review decision carried a right of appeal to the County Court on a point of law. The Ombudsman is not an appeal body and cannot overturn or change decisions. If Mrs X considered the review decision was wrong, it was reasonable for her to use her right of appeal to the County Court. I have seen no evidence to suggest it was unreasonable for her to appeal. Therefore, we will not investigate this complaint.

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Final decision

12. We will not investigate Mrs X’s complaint because it was reasonable for her to use her right of appeal.

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Investigator's decision on behalf of the Ombudsman