Summary: We will not investigate this complaint about the Council’s decision to provide Mr X with temporary accommodation. Mr X has a statutory right to request a review if he is unhappy about the suitability of the accommodation provided by the Council.

The complaint

1. Mr X complains about the way the Council dealt with his housing situation. Mr X says the Council accepted it owed him a main housing duty but has placed him in unsuitable accommodation. Mr X says he does not feel heard by the Council regarding the risks he says the area it has placed him in poses. Mr X says this impacts adversely on his mental health and general wellbeing. Mr X wants the Council to place him in suitable accommodation which meets his needs.

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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:

• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal; or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), 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 complained to Mr X about his homelessness situation and the impact this was having on him. The Council responded to Mr X’s complaint about his housing situation. It said Mr X was not eligible to join its housing register because he did not meet the residency qualification under its Allocations Policy. The Council said there was no medical evidence or any other diagnosed conditions to indicate Mr X was prevented from residing in shared accommodation.
6. The Council said because Mr X could request a review in line with housing legislation, but it could not consider his homelessness under its complaint procedures. It recognised Mr X’s wellbeing was important and encouraged him to engage with his general practitioner and mental health services.
7. Mr X remained unhappy with the Council’s response and asked it to consider his complaint further. The Council noted since Mr X first complained it had accepted it owed him the main housing duty so his homelessness situation had changed.
8. The Council recognised Mr X remained distressed about his housing situation and referred to the suitability of accommodation under its homelessness duty. The Council told Mr X about his statutory right to request a review if he considered the accommodation was unsuitable.
9. A homeless applicant has the right to request an internal review of certain decisions by a local authority on their homelessness application. An internal review is also sometimes known as a section 202 review under housing legislation. It said Mr X should continue to engage with its homelessness team and remain in the temporary accommodation. It finished dealing with his complaint and said his concerns would be considered through the statutory process if he requested a statutory review.
10. We will not investigate Mr X’s complaint because he has a statutory right to request a review. Councils must assess whether accommodation is suitable for each household individually. Whether accommodation is suitable will depend on the relevant needs, requirements and circumstances of the homeless person and their household. The Council is better placed to consider the suitability of the accommodation.

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Final decision

11. We will not investigate Mr X’s complaint because he has a statutory right to request a review about the suitability of the accommodation.

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Investigator's decision on behalf of the Ombudsman