Summary: We will not investigate this complaint about the suitability of accommodation previously offered to Miss X and her current temporary accommodation. Further investigation would not lead to a different outcome, and Miss X has the right to request a review of the suitability of her current temporary accommodation.

The complaint

1. Miss X complains that the Council failed to properly assess the suitability of accommodation offered to her, including the distance from her child’s school. Miss X says that raising concerns about suitability is not the same as refusing accommodation and should not result in the Council ending its housing duty. She says her current housing situation has caused serious emotional, physical and practical harm. She wants the Council to reassess her housing needs and provide suitable accommodation that supports her child’s safety, stability and education.

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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 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council offered Miss X a council tenancy to discharge of its main homelessness duty. Miss X considered the offer unsuitable because of its impact on her child’s education and wellbeing and did not accept it. She then requested a statutory review. The review considered matters including the child’s education, travel arrangements, wellbeing, medical information and supporting evidence before concluding the offer was suitable.
6. Following Miss X's decision not to accept the offer, the Council notified her that its section 193 duty, the Council’s main homelessness duty, had ended. However, during our enquiries, the Council confirmed it did not discharge that duty and that Miss X remains in temporary accommodation. The Council says the section 193 duty remains in place and it will confirm this to Miss X in writing.
7. We will not investigate this complaint; this is because further investigation would not lead to a different outcome.
8. Miss X also says her current temporary accommodation is unsuitable. The Council explained it considered the household’s circumstances, including medical information and bedroom requirements in line with its policy. It also explained the child’s school is close.
9. The Council has also explained that, as a person owed the main housing duty, Miss X has a statutory right to request a review of the suitability of her current temporary accommodation. The Council says she has not requested such a review.
10. If Miss X considers her current temporary accommodation is unsuitable, it would be reasonable for her to use the statutory review process available to challenge its suitability.

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Final decision

11. We will not investigate Miss X’s complaint about the suitability of the accommodation previously offered as it would not lead to a different outcome. Miss X has the right to request a review of the suitability of her current temporary accommodation.

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Investigator's decision on behalf of the Ombudsman