Summary: We will not investigate this complaint about temporary accommodation suitability and delays in accessing the social housing transfer list. Part of this complaint is late, and there is insufficient evidence of fault in the Council’s actions to justify our involvement.

The complaint

1. Mr Y complains about the suitability of his temporary accommodation. He says it does not appropriately meet his family’s needs.
2. Mr Y also complains about delays in accessing the social housing transfer list.

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The Ombudsman’s role and powers

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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

7. I considered information provided by Mr Y and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr Y says his temporary accommodation is unsuitable because it does not meet his family’s needs. He moved into temporary accommodation in 2023, and the Council considered the property suitable in meeting his family’s needs at the time. We will not investigate this part of the complaint because it is late. We expect people to complain to us about a matter within 12 months, and he did not come to us until 2026. Even if the complaint was not late, we would not investigate it because Mr Y had a right to request a section 202 (Housing Act 1996) suitability review when he initially moved into the property. If he disagreed with the Council’s outcome of this review, he would have had further appeal rights to Court.
10. Mr Y complained to the Council about not being placed on the social housing transfer list. He said being unable to bid on properties meant he had to remain in his current accommodation for longer. The Council explained Mr Y’s account had been temporarily suspended due to significant rent arrears. This is in line with its policy. It explained Mr Y needed to liaise with it to discuss a repayment plan, which would then result in his account suspension being lifted.
11. Mr Y later engaged with the Council and entered a repayment plan. His account suspension was lifted, and he was able to continue bidding on properties. There is insufficient evidence of fault in the Council’s actions to justify our involvement, therefore we will not investigate this part of the complaint.
12. I understand Mr Y was eventually offered a transfer and moved into alternative accommodation in March 2026.

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Final decision

13. We will not investigate Mr Y’s complaint. Part of the complaint is late, and there is insufficient evidence of fault in the Council’s actions to justify our involvement.

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Investigator's decision on behalf of the Ombudsman