Summary: We will not investigate Miss X’s complaint about the Council’s assessment of the suitability of her temporary accommodation. This is because it was reasonable for her to use her right of appeal to the County Court.

The complaint

1. Miss X complains the Council decided her temporary accommodation was suitable when she believes it is not. She also complains the Council did not properly deal with her complaints about the accommodation and has failed to provide her with a long-term housing solution.
2. Miss X says the accommodation has safety risks that cannot be resolved through repairs. She says this has caused her ongoing distress.
3. Miss X wants the Council to accept the accommodation is unsuitable, move her to alternative accommodation and provide a clear pathway to permanent suitable housing.

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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
• we cannot achieve the outcome someone wants.

(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 Miss X.
9. I also considered the Ombudsman’s Assessment Code.

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My assessment

10. We will not investigate the Council's decision that Miss X's temporary accommodation was suitable. The decision carried a right of appeal to the County Court. If Miss X disagreed with the Council’s decision then she could have appealed to the County Court. I have seen no evidence to suggest it was unreasonable for her to appeal, and therefore I will not investigate this aspect of her complaint.

Complaints about accommodation

11. Where temporary accommodation needs repairs, residents should report these to the landlord or managing agent. If repairs are not carried out within a reasonable time, the council should work with the landlord or managing agent to ensure necessary works are completed.
12. The Council’s review decision shows the Council liaised with Miss X’s managing agent about her disrepair complaints. Its records showed that between October 2025 and January 2026, the managing agent attended Miss X’s property on several occasions to carry out repair works. The records also show there were occasions when the managing agent could not gain access to Miss X’s property.
13. The Council liaised with the managing agent and took appropriate action to respond to the reported repair issues. There is not enough evidence of fault on this point to justify us investigating.

Long-term housing solution

14. The Council's review decision explained the shortage of available social housing and the housing options available to Miss X. It remains open to Miss X to pursue those options. We cannot require the Council to offer her alternative accommodation or give her greater priority over other applicants. An investigation by us could not achieve the outcome Miss X wants and therefore will not investigate this part of her complaint.

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Final decision

15. We will not investigate Miss X's complaint because it was reasonable for her to use her right of appeal to the County Court about the suitability of her temporary accommodation. There is not enough evidence of fault in the Council's handling of repair issues to justify an investigation, and we could not achieve the outcome Miss X wants in relation to long-term housing.

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Investigator's decision on behalf of the Ombudsman