The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council use of unsuitable interim accommodation in 2023. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.
The complaint
Ms X complained about the Council using interim homelessness accommodation in a hotel for longer than the six weeks which is considered reasonable under the housing guidance. She says she was in the accommodation for 8 weeks from April to June 2023. As a result, she says her family suffered from the unsuitable conditions of not being in self-contained housing.
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 the information provided by the complainant and the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says she was accommodated by the Council in unsuitable hotel accommodation in April 2023 when she was accepted as homeless. She says the hotel was not self-contained and this has an effect on her son. The government guidance for use of hotel accommodation is for a maximum of six weeks and in this case the stay ran to 8 weeks.
Ms X made a formal complaint to the Council in March 2024 and to us in July. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking. There is no evidence to suggest that Ms X could not have complained to the Council and to us sooner.
Final decision
We will not exercise discretion to investigate this complaint about the Council use of unsuitable interim accommodation in 2023. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman