The Ombudsman's final decision
Summary: We will not investigate this complaint about problems with Miss X’s accommodation. It is reasonable to expect Miss X to use her rights to take court action.
The complaint
Miss X complains about the Council’s handling of problems in her homelessness temporary accommodation, especially electrical problems. She also complains the accommodation is not suitable for her and her family due to various problems. Miss X says those matters resulted in her having to replace damaged electrical items including a television, washing machine, blender and kettle, and have caused inadequate living conditions for her and her children.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X wants her complaint to the Ombudsman to result in the Council repaying the cost of her electrical items and moving her to a “more conducive” property. Therefore the damage to electrical items and the current property’s suitability are evidently the main issues here, so I shall focus on those.
Damage to electrical items This is essentially a claim that negligence by the Council caused damage to Miss X’s belongings, so she had to replace them. The courts can decide negligence claims, so the restriction in paragraph 2 applies.
Negligence and liability for alleged resulting damage are not necessarily straightforward matters legally, so it is more appropriate for the courts than the Ombudsman to decide such matters. That applies here, as I note the Council’s insurers have already denied the Council is liable. Making a claim for money through the online court claim system is not necessarily expensive. Anyway, the potential cost of court action is not in itself automatically a reason for us to investigate rather than expecting someone to take court action. In the circumstances, I consider it reasonable to expect Miss X to take court action if she wants repayment for the items she says the Council was responsible for damaging.
Suitability of present temporary accommodation If Miss X believes her temporary accommodation has become unsuitable, she has the right to ask the Council to review the matter. If the Council decides the property is unsuitable, it must provide alternative temporary accommodation. If the Council’s review decision says the property is suitable, Miss X can then challenge this on a point of law in the county court. (Housing Act 1996, sections 202 and 204) Whether a Council has properly considered the legal concept of suitability of accommodation is a point of law. Therefore the restriction in paragraph 2 applies.
The law expressly provides this route for disputes about the suitability of temporary accommodation, so we normally expect people to use that route. The court can overturn the Council’s position and make a binding order if it sees fit. Miss X could seek help with using her review and appeal rights if she wished, for example, from an advice agency, law centre or solicitor. There is a possible cost implication with court action. However, help with legal costs might be available. Also, as I stated above, the potential cost of court action is not in itself automatically a reason for the Ombudsman to investigate instead. Overall, I consider it is reasonable in the circumstances to expect Miss X to ask for a suitability review and then, if applicable, to go to court.
Final decision
We will not investigate Miss X’s complaint because it is reasonable to expect her to go to court to seek repayment for the damaged belongings. On Miss X’s wish to move, it is reasonable to expect her to seek a suitability review and then, if necessary, to use her right to go to court.
Investigator's decision on behalf of the Ombudsman