Summary: We will not exercise discretion to investigate this complaint about the Council’s offer of unsuitable accommodation and discharge of its homelessness duty in 2023. 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 assessment of her homelessness application in 2023. She says she was offered unsuitable accommodation outside the borough and her medical needs were not properly considered by the Council. She is still homeless but the Council says it has no duty to rehouse her.

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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/care provider 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’s responses.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X applied to the Council as homeless in 2023 when she said she had been sleeping in friends’ homes since the beginning start of the year. The Council assessed her under the homelessness relief duty and offered her a vacancy in interim accommodation in a neighbouring borough.
6. Miss X refused the offer because she said it was too far away. She was then referred to an organisation providing supported accommodation at her own request. The organisation interviewed Miss X but she said it would be incompatible with her new job she was due to start and she was concerned about costs. She also said she was leaving the country for some time. The accommodation provider rejected her request.
7. The Council decided to discharge its homelessness duty to Miss X in December 2023 because it said she had refused a reasonable offer. In April 2024 Miss X asked the Council to review its decision under s.202 of the Housing Act 1996. The Council rejected her request because it said the 21-day time limit had long expired and she was too late. Miss X complained to us in March 2025.
8. We will not investigate this compalint which was received outside the normal 12-month period for receiving complaints. Miss X was given the homelessness decision in December 2023 and it was reasonable for her to complain within 12 months.
9. We have some discretion to consider older complaints but in this case, even had she complained to us at the time, it was reasonable for her to pursue the review/appeal procedure available in the homelessness legislation. We will not exercise discretion to consider the compalint now.

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Final decision

10. We will not exercise discretion to investigate this complaint about the Council’s offer of unsuitable accommodation and discharge of its homelessness duty in 2023. 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