Summary: We will not investigate Mrs Y’s complaint about the suitability of temporary accommodation arranged by the Council over a ten-year period and the removal of her ability to bid on properties in 2020. This is because the complaint is late. There is no evidence to suggest that Mrs Y could not have complained to us sooner.

The complaint

1. Mr X complains on behalf of Mrs Y, a family member who is homeless and living in temporary accommodation arranged by the Council.
2. Mr X complains the Council:
1. for over a decade, has placed the family in multiple unsuitable temporary accommodations;
2. in 2020, removed Mrs Y’s ability to bid on properties;
3. in late 2023, decanted the family into an unsuitable hotel outside the borough due to repairs needed in their temporary accommodation; and,
4. communicated poorly and failed to respond to the family’s contact.
3. More recently, Mr X complains about the Council’s action after the family received a court issued warrant for possession of the family’s current temporary accommodation. He says his family are experiencing significant ongoing stress and uncertainty due to the threat of eviction by bailiffs while waiting for a permanent housing solution.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. In 2012, Mrs Y made a homelessness application with the Council and applied to join its housing register.
10. Mr X complains, on behalf of Mrs Y, about the suitability of the temporary accommodations arranged by the Council since her original application. This includes the suitability of the hotel that the Council decanted the family to for several weeks in late 2023 and the family’s current temporary accommodation. He complains the Council removed Mrs Y’s ability to bid on properties in 2020 and has failed to respond to the family’s contact on these issues. The Council sent Mr X its final complaint response in March 2024, which confirmed that it had separately carried out a review of the suitability of the family’s current temporary accommodation, but decided it was suitable.
11. This complaint is late as Mr X did not complain to the Ombudsman until June 2025, meaning we would not ordinarily look at matters before June 2024. There are no good reasons for us to exercise discretion. We would expect someone to complain to us within a year, even if they were dissatisfied with the Council’s response time to their contact. In the Council’s final complaint response from March 2024, it signposted Mr X and Mrs Y to the Ombudsman at the end of the complaints process and their complaint to the Council shows they were aware that they could raise the complaint with us.
12. Mrs Y’s complaint about the Council’s actions connected with the court issued warrant for possession is premature. I will not investigate this complaint as it is reasonable to give the Council the chance to do so first. If Mrs Y remains unhappy with the Council’s final complaint response, it is open to her to contact us again.

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Final decision

13. We will not investigate Mrs Y’s complaint about the suitability of temporary accommodation arranged by the Council over a ten-year period and the removal of her ability to bid on properties in 2020. This is because the complaint is late. There is no evidence to suggest that Mrs Y could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman