Trafford Council (26 014 173)
The Ombudsman's final decision:
Summary: We upheld this complaint about the suitability of Mr X’s temporary accommodation. The Council agreed to resolve the complaint early by giving Mr X a new decision with review rights.
The complaint
- Mr X complains the Council provided unsuitable temporary accommodation. He says the accommodation does not meet his medical needs.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Councils provide temporary accommodation to homeless people owed the main housing duty. There is a statutory right of review and then appeal to court about the suitability of temporary accommodation. We usually expect people to use this alternative remedy.
- However, if we investigated this complaint, it is likely we would find fault because the Council did not tell Mr X about his right to ask for a review of the suitability of his temporary accommodation. This denied him access to his statutory rights, which is an injustice.
Agreed action
- The Council has agreed to resolve the complaint early by apologising and giving Mr X a new decision about the suitability of his accommodation within four weeks. This will set out Mr X’s right to ask for a review.
Final decision
- We upheld Mr X’s complaint about the suitability of his temporary accommodation. The Council agreed to resolve the complaint early by providing a suitable remedy for the injustice caused to Mr X.
Investigator's decision on behalf of the Ombudsman