Summary: We will not investigate Miss X’s complaint about delay in the Council responding to her section 202 review request on the suitability of her temporary accommodation. This is because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused by the likely delay.

The complaint

1. Miss X complains the Council delayed in responding to her section 202 review request on the suitability of her temporary accommodation.

Back to top

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’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Miss X says her temporary accommodation became unsuitable for her when her mother came to live with her. The Council completed a suitability assessment in July 2023 and determined the accommodation was suitable for Miss X and her household to continue to occupy. Miss X asked for a Section 202 review in October 2023.
7. If we were to investigate, it is likely we would find fault causing the complainant injustice because the Council delayed in issuing its Section 202 review decision. This decision should have been made within eight weeks of Miss X’s request, which was December 2023. However, the Council did not issue its decision until March 2024, a delay of around three months. I am satisfied the delay would have caused frustration to Miss X.
8. We therefore asked the Council to consider remedying the injustice caused by the likely fault by:
• Apologising to Miss X for the delay in responding to her section 202 review request.
• Pay Miss X £150 to recognise the frustration caused by the delay.
• Issue a reminder to all relevant staff about the timescales to respond to section 202 review requests.
9. I have reviewed the Council’s section 202 review decision. There is no evidence of any fault in the Council’s decision making as the Council properly considered all the evidence Miss X provided to support her view the accommodation was not suitable. As the Council has properly considered the matter, we would not be able to find fault with the decision itself. If Miss X considered the Council’s decision was wrong in law, she had the right to appeal to the County Court. It was reasonable for her to have used this.

Back to top

Agreed action

10. To its credit, the Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.

Back to top

Final decision

11. We have upheld this complaint because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused by the likely delay.

Back to top

Investigator's decision on behalf of the Ombudsman