Summary: We will not investigate this complaint about the suitability of the complainant’s temporary accommodation. This is because there is insufficient evidence of fault by the Council and because the complainant can ask for a suitability review.

The complaint

1. The complainant, Mr X, wants the Council to move him to different temporary accommodation; he says his current accommodation is too small for his family’s 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 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

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. The Council provided Mr X with temporary accommodation. Mr X complained and said it is too small and hard to get furniture up the stairs. He wanted the Council to move him. Mr X said two of the rooms are very small.
5. The Council arranged for an officer to visit and measure the property. The Council explained that, based on the measurements, the flat meets the size requirements and is not too small. The Council explained how it reached this decision and referred to the legislation.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. This is because the Council responded appropriately by measuring the rooms and explaining why the property is big enough.
7. I appreciate Mr X says the property is too small, and it may not be ideal, but it is not fault for a council to follow the law in relation to the size of properties.
8. People who are in temporary accommodation can ask for a suitability review if they think the accommodation is unsuitable. This is a formal process which is different to the complaints procedure. It may not lead to a different outcome, but Mr X could ask the Council to conduct a suitability review. If Mr X asks for a review, and the outcome of the review is that the property is suitable, then Mr X would have appeal rights to the court.
9. It is reasonable to expect Mr X to ask for a suitable review because that is the correct process to challenge the suitability of temporary accommodation. Mr X could use the review process to explain why he thinks the property is too small.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because Mr X can ask for a suitability review.

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Investigator's decision on behalf of the Ombudsman