Summary: Mr X complained about his social housing landlord’s actions in response to a fire at his home in 2019. We cannot investigate his complaint about a social housing landlord because it is outside our jurisdiction. We will not exercise discretion to consider the reasonableness of the temporary accommodation offered because it was more than 12 months ago, and he could have asked for a review and a court appeal at the time.

The complaint

1. Mr X complained about the Council housing landlord delaying repairs at his council home following a fire in October 2019. He also says he was offered unsuitable temporary accommodation and a housing benefit overpayment was added to his rent account.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended)

4. 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)
5. 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)

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How I considered this complaint

6. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response.

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What I found

7. Mr X had to leave his council home following a fire in October 2019 the Council offered him temporary accommodation, but he says it was unsuitable and made his own arrangements until his home was ready to return to in January 2020.
8. Mr X says that a housing benefit overpayment was added to his rent account when the Council suspended the rent payments, but benefit continued. The Council says the matter has been resolved and his account is not in arrears.
9. Mr X did not complain to us until January 2021 which is more than 12 months after he had to move out of his home and is outside our time limit for accepting complaints. he became aware of more than 12 months ago. We have discretion to disapply this rule where we decide there are good reasons. In this case I have decided not to exercise discretion because Mr X has not provided any good reasons why he did not complain to us within 12 months.
10. He had a right of review and appeal to the courts at the time over the suitability of the temporary accommodation offered.
11. We cannot consider complaints about social housing tenant rent accounts and Mr X could have appealed to the independent benefits tribunal about the overpayment if the landlord had not adjusted the overpayment on his account.
12. Mr X has made complaints about the repair of fire damage to his home, but we cannot consider this because it falls within the remit of the Housing Ombudsman service.

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Final decision

13. We cannot investigate his complaint about a social housing landlord because it is outside our jurisdiction. We will not exercise discretion to consider the reasonableness of the temporary accommodation offered because it was more than 12 months ago, and he could have asked for a review and a court appeal at the time.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman