Summary: We will not exercise discretion to investigate this complaint about the suitability of temporary accommodation offered by the Council 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 placing her in temporary accommodation in 2023 which was unsuitable for her needs. She says the accommodation lacks facility to do laundry and its repair condition is poor. She also says carpets in the accommodation irritate her child’s allergies and wants them replacing with hard flooring.

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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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Miss X says she was placed in unsuitable temporary accommodation in 2023 and that she remains there without repairs and her other housing needs being met.
7. Miss X complained to the Council about the accommodation being unsuitable in 2023 and it told her it did not agree but that she could submit a suitability review if she wished to challenge this. She complained again in 2024 about repair issues and the Council sent officers from its private sector inspection team who found some disrepair issues. They gave the landlord an opportunity to carry out the repairs and he agreed to do so. Since then, the landlord has been unable to complete the repairs because Miss X says she would need to be out of the property when they were carried out. The Council says it only requires one day to complete the work and that it cannot provide alternative accommodation for a day.
8. The Council has agreed to place Miss X on a list for alternative temporary accommodation as it would have done had she successfully had a review. It cannot tell her when the move will take place because it depends on vacancies arising.
9. We will not investigate this complaint which was received outside the normal 12-month period for accepting complaints. Miss X was unhappy with the suitability of the accommodation in 2023 and I have seen no evidence to suggest that she could not have complained to us sooner.
10. The time for receiving complaints is from when someone became aware of the matter they wished 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.
11. We have some discretion to consider older complaints in some circumstances but this would not apply here. If Miss X had complained to us within 12 months we would have advised her to seek a suitability review under s.202 of the Housing Act 1996 Part 7 as the Council had already suggested.

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Final decision

12. We will not exercise discretion to investigate this complaint about the suitability of temporary accommodation offered by the Council 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