The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the suitability of her temporary accommodation. It was reasonable for her to request a review of its suitability and to provide relevant medical evidence to support that request.
The complaint
Mrs X complained the temporary accommodation the Council provided does not meet her family’s medical needs and was too far from their support network and her child’s school.
The Ombudsman’s role and powers
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 for a council review or appeal; or (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
What happened Ms X moved to the temporary accommodation she complained about in October 2023. She complained it was unsuitable, and in early February 2024, the Council responded that: the property had sufficient beds and was in the neighbouring council area; it was difficult to identify affordable accommodation in its own area because rents there were so high; and she had previously been advised to complete a medical form and provide medical evidence so it could assess the family’s medical needs, but these had not been provided.
In early May 2024, in a complaint response, the Council reminded Ms X it had advised her to complete a medical form and provide medical evidence. It said it would review the suitability of the temporary accommodation when it received those documents.
In response to my enquiries, the Council confirmed it had not carried out a review of the suitability of the accommodation because Ms X had not provided evidence of the family’s medical needs. Based on the evidence it had, there were no specific housing needs on medical grounds. It also said it was offering alternative temporary accommodation, but I do not know if that offer was accepted.
My assessment
As Ms X is in temporary accommodation, she has a statutory right to ask the Council to carry out a review of the suitability of her accommodation. If Ms X is still living in that accommodation, it is reasonable to for her to ask for a review and to provide appropriate medical evidence to support her request.
I am satisfied the Council has given appropriate advice about providing medical evidence to support a review since February 2024. There is therefore insufficient evidence of fault by the Council to justify our involvement.
For these reasons, we will not consider the complaint further.
Final decision
We will not investigate Ms X’s complaint because it was reasonable for her to request a review and provide appropriate evidence to support that request.
Investigator's decision on behalf of the Ombudsman