The Ombudsman's final decision
Summary: We will not investigate this complaint about the suitability of accommodation provided by the Council under its homelessness duty. It was reasonable for Miss X to use the review/appeal procedure and she could have challenged the review by appealing to the courts.
The complaint
Miss X complained about the Council’s provision of temporary accommodation under its homelessness duty. She says the flat she was inadequately heated and suffered from pest infestations. She says she needs more suitable accommodation as she is pregnant and suffers from epilepsy.
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 the information provided by the complainant and the Council’s responses and review.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says the accommodation which the Council provided for her under its homelessness duty was unsuitable for her needs. She says the heating system is poor and the property is cold most of the time. She also complained about a leak to the sink and pest and rodent infestations.
The Council accepted her complaint as a review od suitability request under s.202 of Part 7 of the Housing Act 1996. It asked a neighbouring Council to carry out an independent review of the case. The review did not uphold Miss X’s claims and said that the repairs had been addressed and within time and no pest or rodent infestation was identified. The review decision letter advised Miss X of her right to appeal the decision to the County Court within 21 days if she wished to challenge it.
Shortly after the decision and after Miss X complained to us the Council made her an offer of alternative accommodation which it says she has accepted.
We will not investigate this compalint because Miss X used the review procedure available and it was reasonable for her to appeal it if she disagreed.
Final decision
We will not investigate this complaint about the suitability of accommodation provided by the Council under its homelessness duty. It was reasonable for Miss X to use the review/appeal procedure and she could have challenged the review by appealing to the courts.
Investigator's decision on behalf of the Ombudsman