The Ombudsman's final decision
Summary: We will not exercise discretion to investigate Miss X’s complaint about the heating in her temporary accommodation from 2023. This complaint 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. We will not investigate her complaints about suitability and safeguarding during her stay in her previous accommodation. It was reasonable for her to ask for a review of suitability under the homelessness legislation.
The complaint
Miss X complains that the Council left her in unheated temporary accommodation for almost 2 years. Miss X states that she suffers from physical disabilities, and the Council have not considered reasonable adjustments or thought about how to safeguard her.
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) 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: any injustice is not significant enough to justify our involvement, 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X moved into temporary accommodation in November 2023. She realised that the radiator in her room is not working. From November 2023 until March 2024, she says reported the lack of heating to the Council but it failed to resolve the problem. She also complained to her local MP about the temperature of her bedroom due to a lack of heating and the unresponsiveness of the Council.
Eventually the Council provided a portable heater for Miss X’s bedroom. The Council tried to repair the heating but realised that the boiler was the issue. Eventually Ms X was moved out of this accommodation and into alternative accommodation.
We will not investigate this complaint. Miss X was first aware of the issue in her temporary accommodation in November 2023 but she did not raise a complaint with the Ombudsman until December 2025. We usually expect complainants to raise complaints with us within 12 months of the event they are complaining of arising. In Miss X’s case, this complaint is late and there is no good reason to exercise discretion.
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.
Miss X also complained about the unsuitability of her accommodation and an incident in which contractors accessed her room without a chaperone to carry out test work in 2025. We will not investigate these matters because it was reasonable for Miss X to request a review of suitability under s.202 of the Housing Act 1996 part 7. These review rights carry a further right of appeal under s.204.
The contractors visited Miss X at her request to carry out an electrical test of the temporary heater which she had reported as faulty. The work was arranged through the hostel management and there is insufficient evidence of any significant injustice which would warrant further investigation. Miss X was moved to alternative accommodation at her request in 2025.
Final decision
We will not exercise discretion to investigate Miss X’s complaint about the heating in her temporary accommodation from 2023. This complaint 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. We will not investigate her complaints about suitability and safeguarding during her stay in her previous accommodation. It was reasonable for her to ask for a review of suitability under the homelessness legislation.
Investigator's decision on behalf of the Ombudsman