Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to deal with pest infestations in the complainant’s interim and temporary 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 the Council’s failure to dela with pest infestations and repairs to her kitchen since she moved into interim accommodation in February 2023. She says she was not made aware that she had been awarded the Main Housing duty under homelessness legislation until 5 months afterwards. She also says she has never been allocated a housing caseworker.

Back to top

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)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Miss X says the Council has failed to take action over mouse and bug infestations in her interim and temporary accommodation since she reported it in 2023. She says her accommodation is unsuitable and that she was never told about her review rights as she did not receive a letter accepting the Main Housing duty under the homelessness legislation.
7. The Council says it advised her in February 2024 that Miss X was accepted under the Main housing duty and I have seen a copy of the decision letter from that date. Miss X has been bidding under Band B status since March 2023 on vacancies which she could not have done under the previous Relief duty.
8. We will not consider her complaint about the accommodation now. Miss X could have asked for a non-statutory review of her accommodation, made a formal complaint or complained to us in 2023. There is no evidence that she did so until July 2024 when she first complained to the Council.
9. The legislation from which we have powers to investigate also places some restrictions on what we can consider. 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 Miss X’s complaint. She says she reported the problems in 2023 and did not complain to us within 12 months of that time.
10. The time for receiving complaints is from when someone became aware of the matter they wish 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 could still ask the Council to carry out a Housing Act 1996 s.202 review of suitability of her accommodation if she believes that it is inadequate for her housing needs.
11. Miss X also says that the Council did not provide her with a dedicated housing caseworker to assist her with her bids for accommodation. There is no duty under homelessness legislation or the government’s code of guidance to provide a named contact officer for homelessness applicants. Miss X was provided with a Personalised Housing Plan under the Relief duty and once accepted under the Main duty in 2024 she was required to bid on accommodation from the housing register using the choice-based lettings system.

Back to top

Final decision

12. We will not exercise discretion to investigate this complaint about the Council’s failure to deal with pest infestations in the complainant’s interim and temporary 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.

Back to top

Investigator's decision on behalf of the Ombudsman