The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about her temporary accommodation being unaffordable. This is because the Council has now agreed to review the suitability of that accommodation, so there is nothing further we could achieve.
The complaint
Ms X complained about the temporary accommodation the Council provided. She said the housing provided had not properly maintained the accommodation and it was no longer affordable for her.
Ms X also complained she had been in temporary accommodation for 13 years. She said she had not been rehoused due to racist housing policies.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) 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: we could not add to any previous investigation by the organisation, or we cannot achieve the outcome someone wants, or it would be reasonable for the person to ask for a council review or appeal.
(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
Ms X complained about disrepair in her temporary accommodation. She said the property had not been properly maintained throughout the thirteen years she has lived there.
We usually expect complainants to complain to us within 12 months of the events complained about. Ms X did not complain to us about the disrepair until February 2024. There is no evidence to suggest she could not have complained to us sooner. For this reason, we would only consider investigating disrepair in the last 12 months.
Ms X complained to the Council about disrepair in November 2023 and it agreed to ask the housing provider to inspect the property and carry out any repairs needed. This was appropriate action. We will not investigate this complaint further because we cannot add anything further to the Council’s investigation.
Ms X also said the temporary accommodation was not affordable. She said this was because she is no longer eligible for housing benefit as her employment situation has changed. Temporary accommodation must be suitable for the household, which includes being affordable. The Council has now agreed to carry out a review of the suitability of the temporary accommodation. This is appropriate action to address the concern raised. We will not investigate this complaint further because there is nothing more we can achieve.
Ms X complained about being in temporary accommodation for 13 years. All councils must allocate social housing in line with their published allocations scheme. Due to a national shortage of housing, there are significant delays in securing social housing, particularly in London. In its complaint response, the Council explained how Ms X could increased her chances of successfully bidding on social housing through its housing register. We will not investigate this complaint further because we could not add to the Council’s investigation and we are not able to achieve the outcome Ms X wants, which is to be rehoused.
Final decision
We will not investigate Ms X’s complaint because the Council has agreed to take appropriate action and there is nothing further we could achieve.
Investigator's decision on behalf of the Ombudsman