The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner about disrepair in her previous temporary accommodation.
The complaint
Miss X complained about the temporary accommodation she was living in from 2017 after being accepted as homeless by the Council. She says she suffered from dampness in her bedroom from 2018 and reported it to the Council. She has since moved to another property but wanted the Council to resolve the damp problem with her landlord so she would not have to move.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X moved into temporary accommodation which was private rented property used by the Council for homeless applicants. She says she began to suffer from the dampness in her bedroom which was causing mould behind the wallpaper. Her daughter also began to have chest problems due to mould spores and she reported this to the Council in 2018.
The Council told her it was having difficulty getting co operation from the landlord and suggested it may have to move her into alternative temporary accommodation. Miss X made a formal complaint in July 2020. She told the Council she wanted it to resolve the dampness problem and did not wish to undergo the expense and upheaval of moving again.
Miss X complained to us in December 2021 which is outside the 12-month period for us to receive complaints. We will not exercise discretion to investigate this now because it was reasonable for her to complain to us earlier. She accepted an alternative property before she complained, and it would be difficult to investigate disrepair now.
Final decision
We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner about disrepair in her previous temporary accommodation.
Investigator's decision on behalf of the Ombudsman