Summary: Miss X complained about the Council placing her in temporary accommodation which she says is unsuitable for her needs. We should not investigate this complaint. This is because the Council offered her a review of the accommodation and agreed to move her to another property. She had a right of appeal against the review decision to the County Court and it was reasonable for her to pursue this.

The complaint

1. Miss X complained about the temporary accommodation which she was placed in when it accepted a homeless duty to her in 2018. She says the 2-bedroom flat is too small for her, her partner and three children. She also has disabilities which she says makes the flat more difficult for her.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely further investigation will 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)

3. 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)

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How I considered this complaint

4. I have considered all the information which miss X submitted with her complaint. I have also considered the Council’s response. Miss X has been given an opportunity to comment on a draft copy of my decision.

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What I found

5. Miss X says the temporary accommodation where she was placed in 2018 is unsuitable for the needs of her family. She says there is insufficient space for her and her children and that she has disabilities which compound this. The Council offered her a review of the accommodation following her complaint to us.
6. In October 2020 the Council reviewed her case and told her that it would move her to more suitable temporary accommodation. Miss X told us that she wanted to be offered permanent housing not further temporary accommodation.
7. The Council has a duty to provide accommodation to those whom it has accepted as having a main homeless duty. The duty does not require it to provide permanent accommodation. Most Councils do not have sufficient permanent accommodation to meet demand and it is usually temporary accommodation which will be offered, sometimes for some years.
8. Miss X had a right to challenge the Council’s review decision in the County Court if she believed it was incorrect.

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Final decision

9. We should not investigate this complaint. This is because the Council offered her a review of the accommodation and agreed to move her to another property. She had a right of appeal against the review decision to the County Court and it was reasonable for her to pursue this.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman