Summary: We will not exercise discretion to investigate this complaint about the Council’s offer of unsuitable accommodation and the 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 offer of private rented accommodation in a neighbouring borough when she applied as homeless in 2023. She says the accommodation has suffered various repair issues over the past 2 years. The Council refused to accept her applications to be rehoused back in the borough over the past 2 years and she is now homeless again following flooding at her home.

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

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My assessment

5. Miss X says the Council offered her a private rented flat in a neighbouring borough when she applied as homeless in June 2023. She accepted the offer but says that the flat had significant problems with repairs, fire safety risks and other issues. Miss X asked the Council for a review of suitability in November 2023 but the Council informed her that she was 16 weeks out of time and it was rejected.
6. Miss X says she was told she was ineligible for the housing register because she was no longer in the Council’s area. She became homeless again in July 2025 and made a new homeless application to the Council.
7. We will not investigate this compalint about matters which took place in 2023. This was outside the normal 12-month period for receiving complaints. I have seen no evidence to suggest that Miss X could not have complained to us sooner. 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.
8. We cannot investigate Miss X’s latest homeless application because the Council was still considering it when she complained to us and any decision on this application will be subject to the review/appeal rights available under the housing Act 1996 part 7.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council’s offer of unsuitable accommodation and the 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