Summary: We will not investigate this complaint about unsuitable temporary accommodation because there is not enough evidence of fault in the Council’s actions.

The complaint

1. Miss X is homeless, and the Council has accepted the main housing duty. It has provided Miss X with temporary accommodation which she believes is unsuitable for her son’s medical needs. Miss X says the Council did not properly address her complaint. She would like the Council to reconsider her situation.

Back to top

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 there is not enough evidence of fault to justify investigating or it would be reasonable for the person to ask the Council for a review or reconsideration. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Miss X complains the Council did not properly consider her situation when addressing her complaint. It is reasonable to expect Miss X to raise her concerns about the accommodation to the provider in the first instance. Miss X can request a review of her temporary accommodation under s193/202 of the Housing Act 1996 and appeal the decision if she is not satisfied with the outcome.
6. Miss X could ask the Council to reconsider the suitability of the accommodation in light of different medical information if the option for review is out of time. She would then have a right of appeal against the result.
7. She could also request a review of her banding if she believes she should have greater priority because of her son’s medical needs. Miss X should provide the supporting medical evidence and letters to allow the Council to properly consider.
8. There is not enough evidence of fault in the Council’s response as the evidence suggests it did not have all the information it needed to consider Miss X’s situation.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault in the Council’s actions to warrant further investigation and it is open to Miss X to ask the Council to reconsider some of the matters.

Back to top

Investigator's decision on behalf of the Ombudsman