Summary: We will not exercise discretion to investigate this complaint about suitability and recharges for damages for Miss X’s interim accommodation. 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.

The complaint

1. Miss X complained about being placed in unsuitable interim accommodation in 2022. She says it is too small for her needs and she has not been offered permanent accommodation since then. She also complained about being recharged for damage which the Council says she was responsible for at her previous accommodation.

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The Ombudsman’s role and powers

2. 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

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X was offered her current interim accommodation in March 2022 after being placed outside the Council’s area in emergency accommodation in 2021. She says the property is too small for her family because one of her children needs a separate bedroom. The Council says the two-bedroom property meets her needs according to the space standards of the Housing legislation because it has a separate living room which can be used for sleeping under the legislation.
6. Miss X was recharged for damage to and removal of fittings and fixtures at the previous property which the agent says was let to her in good repair. She says her son was responsible for some of the damage and that she was unable to prevent it.
7. The legislation from which the Ombudsman takes his powers also places some restrictions on what we can investigate. One of these restrictions relates to complaints about matters which the complainant was aware of more than 12 months before they brought it to our attention. This restriction applies to this complaint. There is no evidence to suggest that Miss X could not have complained to us sooner.

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Final decision

8. We will not exercise discretion to investigate this complaint about suitability and recharges for damages for Miss X’s interim accommodation. 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.

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Investigator's decision on behalf of the Ombudsman