London Borough of Lewisham (24 016 606)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 06 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the suitability of temporary accommodation provided by the Council under its homelessness duty. It was reasonable for Mrs X to ask for a review of suitability and she had a further right of appeal to the court.
The complaint
- Mrs X complained about the Council providing her with temporary accommodation which is in a different council area to that where she applied. She says she needs to be near family connections for her support and medical needs.
The Ombudsman’s role and powers
- 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).
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X says the temporary accommodation provided by the Council under its homelessness duty is unsuitable for her needs because it is out of borough and too far from her family support connections.
- She asked the Council to review its decision on accommodation under s.202 of the Housing Act 1996. The Council reviewed her case in October 2024 and decided that the accommodation was suitable for her needs after considering all the facts of her case. The Council’s review decision letter advised her of her further right to appeal the decision to the County Court within 21 days. Mrs X has not appealed the decision.
- We cannot overturn an decision made by a council on a homeless application if it has followed the review procedure and considered all the information available. The Council’s review decision ran to 20 pages and took into account all the relevant aspects of the Code of Guidance and legislation. Mrs X Was advised of her appeal rights and it was reasonable for her to challenge the decision by appealing if she believed that the review was flawed.
Final decision
- We will not investigate this complaint about the suitability of temporary accommodation provided by the Council under its homelessness duty. It was reasonable for Mrs X to ask for a review of suitability and she had a further right of appeal to the court.
Investigator's decision on behalf of the Ombudsman