The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s offers of unsuitable temporary accommodation and its discharge of the homelessness duty following an unsuitable offer of rented accommodation. 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.
The complaint
Mr X complained about the Council offering him unsuitable temporary accommodation form July 2023 until January 2024. He says the properties were out of area or in disrepair and unsuitable for a vulnerable man. He says that when the Council made him a final offer of accommodation in 2024 it discharged its homelessness duty and the accommodation was not suitable for his 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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he was placed in unsuitable temporary accommodation from June 2023 to February 2024. He says the Council then discharged its homelessness duty by making him a final offer of accommodation in January 2024 which he accepted but which he then found to be also unsuitable for his needs.
We will not investigate this complaint which concerns matters which took place outside the normal 12-month period for receiving complaints. Mr X could have complained about the accommodation he was offered and the discharge of duty decision within 12 months but did not do so. There is no evidence to suggest that Mr X could not have complained to us sooner.
The time for receiving complaints is from when someone became aware of the matter they wished 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.
We have some discretion to consider older complaints in certain circumstances. However, this would not apply to Mr X’s case because even had he complained within 12 months it is likely we would have advised him to ask for a suitability review/appeal at the time. He has already used such a s.202 review for the Council’s final offer in 2024 and the Council advised him at the time of his right to challenge the decision by appealing within 21 days to the County Court.
Final decision
We will not exercise discretion to investigate this complaint about the Council’s offers of unsuitable temporary accommodation and its discharge of the homelessness duty following an unsuitable offer of rented accommodation. 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.
Investigator's decision on behalf of the Ombudsman