Summary: We will not investigate this complaint about the support and assistance the Council provided to Ms Y and Mr Z when they were homeless. This is because parts of the complaint happened too long ago for us to investigate and there is no evidence of fault in how the Council dealt with more recent matters.

The complaint

1. Mr X complains on behalf of Ms Y and Mr Z. Mr X says the Council kept Mr Y and Ms Z in unsuitable temporary accommodation for 6 years and cancelled their housing application. Mr X also complains that the Council recommended the couple move during the Covid-19 lockdown and failed to provide them with assistance when they were homeless.
2. Mr X complains the Council’s actions caused the couple significant distress and left them in poor quality accommodation for longer than necessary.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We are dealing with separate complaints from Mr X about the actions of the Council’s Environmental Health and Children’s Services departments Ms Z and Mr Y. Our consideration of this complaint is focussed on the actions of the Council under Part VI and Part VII of the 1996 Housing Act.
9. Ms Y began living in her current accommodation in 2015. The Council says it helped her to find the accommodation when she was homeless and that it is privately rented. Mr X says this is interim or temporary accommodation provided by the Council. Mr X says the Council also wrongly cancelled Ms Y’s housing application at the time when she was rehoused.
10. We will investigate this complaint as the circumstances in which Ms Y came to live in the property happened too long ago for us to carry out a fair and proper investigation. Whilst some records may exist from the time it is unlikely that the people involved will be able to clearly recollect what happened and other supporting evidence may no longer be available.
11. In March 2020 Mr X asked the Council to help Ms Y and Mr Z as their accommodation was in a poor state of repair and lacked heating and hot water. The Council offered interim accommodation. Mr X was unhappy that this was offered during lockdown when people were advised against moving.
12. It is unlikely we would find fault with the Council’s decision to offer Ms Y and Mr Z with alternative accommodation at this time. The Council was still able to offer alternative accommodation to homeless households at the time and Ms Y and
    Mr Z’s accommodation lacked basic amenities. Therefore we will not investigate this complaint.
13. It is also unlikely we would find fault with the support offered to Ms Y and Mr Z by the Council under its duties to homeless households. This is because they asked the Council to withdraw this support.

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Final decision

14. We will not investigate Mr X’s complaint on behalf of Ms Z and Mr Y. This is because parts of the complaint happened too long ago for us to be able to carry out a fair and proper investigation. We will not investigate more recent matters as it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman