Summary: We will not exercise discretion to investigate this complaint about the Council’s advice about eligibility for the housing register and temporary accommodation to Miss X in 2021. 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 the Council misleading her into signing a private sector rental for a property outside the Council’s area when she was homeless in 2021. She says she believed the tenancy was temporary accommodation and that she would still be eligible to bid for vacancies on the housing register.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says she signed a tenancy agreement for a private sector let in a neighbouring authority on the understanding that it was temporary accommodation. She signed the agreement in November 2021 and in December the Council informed her that it had ended its homeless duty to her because she had found alternative accommodation. The accommodation was found by Miss X herself and not allocated as temporary accommodation by the Council under its homeless duty.
6. She was advised that she was not eligible to remain on the housing register because she now had accommodation outside the Council’s area and did not meet the residence requirement which is two years continuous residence in the area.
7. Miss X says she was unable to get a response from her support worker to query the situation. The Council says the worker was on long term sickness but she could have asked the service to respond but did not do so. Miss X did not make a formal complaint to the Council about the matter until August 2023 and then to us in September.
8. Miss X did not complain to us within 12 months of being aware of her concerns about her housing application there is no evidence to suggest that she could not have complained to us sooner.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council’s advice about eligibility for the housing register and temporary accommodation to Miss X in 2021. 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