Summary: We will not investigate Ms X’s complaint about the Council’s offer of social housing in discharge of its housing duty. Ms X had the right to ask for a review of the suitability of the housing offered and it was reasonable for her to exercise that right.

The complaint

1. Ms X complained the Council placed her in unsuitable accommodation, which was too far away from her child’s school, from health services and from their support network. She said it ignored medical evidence she provided. She also complained about disrepair in the property.

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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 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)
4. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
5. 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 not enough evidence of fault to justify investigating, 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

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

What happened

8. In September 2024, the Council offered Ms X property A, a social housing property. In its offer letter, it explained:
• why it considered property A was suitable for her household;
• the consequences of refusing the offer; and
• her right to accept the property and ask for a review of its suitability.
9. Ms X accepted property A and the Council ended its homelessness duty in October 2024.
10. Ms X says she accepted the property under duress because she said she would be street homeless otherwise, but she remains of the view that it is unsuitable due to its location and due to disrepair.

My assessment

11. The Council is under a duty to explain the consequences of refusing what it considers a reasonable offer. Therefore, it was not fault for the Council to warn her it could end its homelessness duty if she refused property A.
12. In its offer letter it explained she could accept property A and ask for a review of its suitability. It was reasonable for Ms X to exercise her rights of review and appeal if she is unhappy about property A’s suitability.
13. We cannot investigate complaints about the management of social housing so we cannot consider Ms X’s concerns about disrepair.
14. For the above reasons, we will not consider the complaint further.

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Final decision

15. We will not investigate Ms X’s complaint about the suitability of the property the Council offered her because it was reasonable for her to exercise her rights of review and appeal.

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Investigator's decision on behalf of the Ombudsman