Summary: We will not investigate Mr X’s complaint about the suitability of temporary accommodation provided by the Council. It was reasonable for him to appeal to the county court if he was unhappy with the outcome of the suitability review.

The complaint

1. Mr X complained his accommodation was not suitable because of issues of disrepair.
2. He wants the Council to pay his rent for the period he is complaining about as well as compensation. 

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate Mr X’s complaint about the suitability of his accommodation. The Council completed a review setting out why it considered the accommodation was suitable. In that review it set out Mr X’s right of appeal to the county court if he disagreed with the decision. Where the law has expressly provided a route of appeal, we expect a complainant to use it. Mr X had legal representation. Therefore, I consider it was reasonable for him to use his right of appeal.
8. Any appeal Mr X made now would be late. However, the court has powers to accept late requests.

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Final decision

9. We will not investigate Mr X’s complaint because it was reasonable for him to appeal to the county court.

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Investigator's decision on behalf of the Ombudsman