Summary: We will not investigate Ms B’s complaint that the Council provided her with unsuitable accommodation after she was made homeless. This is because it is reasonable for Ms B to put in an appeal to the county court.

The complaint

1. Ms B complains the Council provided her with unsuitable accommodation after she was made homeless. Ms B says her daughter lives with her when she is not at university but the Council did not take this into account. Ms B would like the Council to offer her alternative accommodation which better meets her needs.

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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. The Act 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 Ms B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has reviewed the suitability of the accommodation it has provided Ms B. The Council has decided on review that this accommodation is suitable.
7. Ms B has a right of appeal to the county court on a point of law against this decision. This is the process set out in law for a person to challenge such a decision and we generally expect it to be used.
8. I find it is reasonable for Ms B to put in an appeal. Ms B is legally represented and her representative has told the Council they intend to put in an appeal.
9. So, we will not investigate this complaint.

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Final decision

10. We will not investigate Ms B’s complaint because it is reasonable for her to put in an appeal to the county court.

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Investigator's decision on behalf of the Ombudsman