Summary: We will not investigate this complaint about the suitability of temporary accommodation offered by the Council to Mr X in 2024. It was reasonable for him to request a review of the offer and to appeal the decision to the court if unsuccessful.

The complaint

1. Mr X complained about the Council’s offer of temporary accommodation which he says is unsuitable for his family’s needs.

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 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))

3. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X says the Council offered him temporary accommodation under its homelessness duty in July 2024. He says the accommodation is unsuitable because of ongoing disrepair issues and because of the distance from his son’s school and family support connections.
7. The Council says he did not ask for a review of suitability which he has done in the past with previous accommodation offered. The time for asking for a suitability review under s.202 of the Housing Act 1996 part 7 is 21 days. However, the Council wrote to Mr X and advised him that he may still submit an out of time review request.
8. We cannot overturn a Council’s decision on the suitability of accommodation offered. It was reasonable for Mr X to challenge the accommodation offer by way of a review and further appeal to the County Court if this was unsuccessful.

Back to top

Final decision

9. We will not investigate this complaint about the suitability of temporary accommodation offered by the Council to Mr X in 2024. It was reasonable for him to request a review of the offer and to appeal the decision to the court if unsuccessful.

Back to top

Investigator's decision on behalf of the Ombudsman