Summary: We will not investigate this complaint about the suitability of the Council’s offer of temporary accommodation. It is reasonable for Miss X to ask the Council for a statutory review of suitability and she has further rights of appeal to the County Court.

The complaint

1. Miss X complained about the suitability of temporary accommodation offered to her under the Council’s homelessness duty. She says there was a large tree in the front garden of the property and high hedges at the rear which her son finds intimidating due to his medical condition.

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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 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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says the temporary accommodation offered to her by the Council is unsuitable because of a large tree in the front garden and high hedges at the rear. The Council agreed with the owner to jointly pay for the tree to be pruned/removed within 3 months of Miss X’s complaint. The private landlord of the property refused to allow the rear hedge to be cut/removed because they consider it a privacy feature.
6. Miss X says her son has special needs and that the trees and hedge represent a danger for him.
7. If Miss X believes the temporary accommodation provided under the homelessness duty is unsuitable it is reasonable for her to ask for a review of suitability under s.202 of the Housing Act 1996. If her challenge is unsuccessful she has a further right of appeal to the County court within 21 days.

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Final decision

8. We will not investigate this complaint about the suitability of the Council’s offer of temporary accommodation. It is reasonable for Miss X to ask the Council for a statutory review of suitability and she has further rights of appeal to the County Court.

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Investigator's decision on behalf of the Ombudsman