The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the suitability of her temporary accommodation. Ms X has the right to appeal to the county court on a point of law and it is reasonable for her to do so.
The complaint
Ms X complained her temporary accommodation was unsuitable, which was significantly affecting her mental health.
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 Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained her temporary accommodation was unsuitable. She had the right to a statutory review of her temporary accommodation, which she exercised. The Council carried out the review and decided, in March 2024, that the temporary accommodation was suitable. It explained she had a right of appeal, on a point of law, to the country court.
We cannot investigate complaints where someone could take the matter to court, unless it is unreasonable for them to do so.
Whether a property is suitable is a legal concept and the law provides a right of appeal to challenge a council’s decision. Unlike the Ombudsman, the court can make a binding decision and overturn the Council’s decision if it sees fit. The Council told Ms X about her right of appeal and there are potential sources of help in London to assist with an appeal. Applicants can get help with court costs if they are eligible and can ask the court for their costs if their appeal succeeds. For these reasons, I consider it would have been reasonable for Ms X to go to court, and therefore we will not investigate the complaint further.
Final decision
We will not investigate Ms X’s complaint because she had a right of appeal to the county court, and it was reasonable for her to have used it.
Investigator's decision on behalf of the Ombudsman