Council gave homeless Luton family a property in disrepair and suffering with flea and mice infestations

A homeless Luton mother who complained about the borough council offering her a property with flea and mice infestations is to be rehoused.

The local government and social care ombudsman opted not to investigate the resident's complaint, as she used the homelessness review procedure.

"This is the correct route for that matter, as we can't investigate the council’s actions as landlord of her social housing," explained the ombudsman's report.

Miss X (as she was referred to) complained the council failed to deal properly with problems, such as disrepair and infestations, after she moved in.

"She said this resulted in unsuitable living conditions, that she has fallen, her children have suffered from being bitten by fleas, and mice have eaten her food and damaged her furniture," according to the report.

The ombudsman is unable to investigate complaints about the provision or management of social housing by a council acting as a registered provider.

"She was homeless, so the council had a duty to offer suitable accommodation," said the report. "The law says someone who thinks a property the local authority has offered to end its homelessness duty is unsuitable can ask for a review.

"Miss X was offered a council social housing tenancy to resolve her homelessness and moved in. She said the house was unsuitable and used her right to seek a review.

"The council reviewed the matter and agreed the house was unsuitable, so is looking for alternative accommodation.

"The law provides the review process to decide whether an offer was suitable," added the report. "Miss X used that process and the decision was in her favour. It's not appropriate for the ombudsman to become involved in the review process.

"If the council doesn't offer somewhere else, and she's unhappy with how long it's taking, that would be a new matter and not part of the current complaint to the ombudsman.

"She should take any such new complaint through each stage of the council’s complaints procedure, before bringing it to the ombudsman.

"The council’s handling of infestations, repairs and other concerns about the property once she moved in relates to its actions as landlord of her social housing."

The ombudsman concluded not to investigate Miss X’s complaint because the homelessness review procedure was the appropriate route for the housing suitability question.