Summary: We will not investigate this complaint about the Council’s actions relating to the suitability of Mr X’s property. A complaint about that matter is now late and there are no good reasons to exercise discretion to consider it now.

The complaint

1. Mr X said the Council disregarded his concerns about suitability of a property, saying it was unsafe and unsuitable for his family. He said this impacted on his and his family’s wellbeing. Mr X wants to be rehoused.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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

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

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My assessment

6. Mr X says the Council accepted a property he and his family were living in, was unsuitable for their needs and then took no action to move them or resolve the issues.
7. The Council provided Mr X with its final response to his complaint in September 2023. It said it had earlier offered Mr X an alternative accommodation to move out the property, as part of its homelessness duties, but that he declined this. It also said it at that time, it accepted a prevention duty toward Mr X and his family, again as part of homelessness duties.
8. Mr X did not raise a complaint with us until June 2026. Therefore, because of the restriction in law, that I have highlighted at paragraph three, I will not consider any actions or decisions the Council took in relation to Mr X’s housing situation before June 2025.
9. Accordingly, the Council’s consideration of Mr X’s complaint, for which it replied to him in 2023, is now late. I have not seen any evidence of good reasons why a complaint could not have been made to us in time, about this matter. Therefore, I will not exercise discretion to consider it now.
10. Additionally, if the Council has taken any recent decisions about Mr X’s housing situation, he can make a complaint to the Council and then it is open to him to approach us to consider any new complaint if he remains unhappy with how the Council dealt with that.

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Final decision

11. We will not investigate Mr X’s complaint because it is late and there are no good reasons to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman