Summary: Mr X complained about the Council’s decision on his homeless application in 2014 and 2015. The Ombudsman should not exercise his discretion to investigate this complaint. This is because the complaint was received outside the normal 12-month period for investigating complaints and he made a previous complaint to us in 2017 about this matter.

The complaint

1. The complainant, whom I shall call Mr X, complains that the Council’s decision that he was not in priority need when he applied as homeless was unreasonable. He says the Council never fully reviewed his case and that since then he has been homeless and vulnerable because of health conditions.

Back to top

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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

4. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response and Mr X has been given the opportunity to comment on the draft decision.

Back to top

What I found

5. Mr X applied to the Council in 2014 as homeless following eviction from his home. The Council decided that he was not in priority need because he sold a property for over £70,000 in 2013 and that he did not qualify for housing assistance. Mr X did not ask for a review or appeal to the court to challenge the decision at the time.
6. In 2017 Mr X complained to us. We referred him to the Council’s complaints procedure and advised him that it was unlikely we could investigate because of the time which has elapsed and because he could have appealed the decision at the time. Mr X did not pursue the matter through the complaints procedure and submitted a new complaint to us in 2019. The Council says that if his circumstances have changed since 2015, he could submit a new homeless application and it would consider it.
7. The Ombudsman will not exercise discretion to investigate this complaint because he made a previous complaint to us and the matter was outside our jurisdiction in 2017 and remains so.

Back to top

Final decision

The Ombudsman should not exercise his discretion to investigate this complaint. This is because the complaint was received outside the normal 12-month period for investigating complaints and he made a previous complaint to us in 2017 about this matter.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman