The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s handling of Miss X’s homeless application from May 2023. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. We will not investigate a complaint about the suitability of accommodation offered in the past 12 months because it was reasonable for Miss X to ask for a statutory review of the accommodation.
The complaint
Miss X complained about the Council’s consideration and communication with her when she made a homeless application in May 2023. She says there was little contact and she was not given information about what would happen to her family when she lost her home. She also complained about being allocated temporary accommodation which is too small and overcrowded for her family’s housing needs.
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 provider 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 it would be reasonable for the person to ask for a council review.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered the information provided by the complainant and the Council’s responses.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says the Council failed to give her advice about her homeless application when she was threatened with losing her home in May 2023. She says the Council housing staff were unhelpful and she was left without knowing what would happen to her family until the day she had to leave her accommodation. She says she was then placed in a travel hotel with little indication of what would happen next.
We will not investigate this complaint which concerns matters more than 12 months prior to us receiving the complaint. I have not seen any good reasons why she did not complain to us sooner.
Miss X also complained about the temporary accommodation which she was provided with in August 2023. She says it is too small for her and her daughter and that it is overcrowded and unsuitable.
The Council says that it believes the accommodation meets her needs under the homelessness legislation and that she could ask for a statutory s.202 review of suitability if she disagrees.
We will not investigate a complaint when there is a remedy available by way of a review or appeal against the Council’s deciosn and it is reasonable to pursue this.
Final decision
We will not exercise discretion to investigate this complaint about the Council’s handling of Miss X’s homeless application from May 2023. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. We will not investigate a complaint about the suitability of accommodation offered in the past 12 months because it was reasonable for Miss X to ask for a statutory review of the accommodation.
Investigator's decision on behalf of the Ombudsman