Summary: The Ombudsman will not investigate Miss X’s complaint about the suitability of her temporary accommodation. This is because the complaint is late and there is no reason Miss X could not have complained much sooner.

The complaint

1. The complainant, whom I shall call Miss X, complains about the suitability of temporary accommodation provided by the Council.

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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’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal.

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

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How I considered this complaint

4. I considered Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. The Council has accepted it owes Miss X the main housing duty as set out in the Housing Act 1996. Miss X is therefore currently in receipt of temporary accommodation. In July 2018, Miss X asked the Council to review the suitability of her accommodation. Miss X referred to rodent infestation, overcrowding, and problems with accessing the property due to its stairs. The Council carried out a review and decided Miss X’s accommodation was not unsuitable. It explained its decision and that Miss X could appeal to the County Court on a point of law.
6. The exception at paragraph 2 applies to Miss X’s complaint. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are clear and compelling reasons to do so. I do not consider that to be the case here. I see no reason why Miss X could not have complained much earlier. In reaching this decision, I have taken into account the fact there was also a right to appeal to the County Court. So, even if the complaint was not late, it is unlikely we would investigate.
7. If Miss X feels there has been a significant change in her circumstances, then she should ask the Council for a fresh review. If Miss X was unhappy with the Council’s decision, there would be a further right of appeal to the County Court. Miss X could also make a fresh complaint to the Ombudsman.

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Final decision

8. The Ombudsman will not investigate Miss X’s complaint. This is because the complaint is late and there is no reason Miss X could not have complained much sooner.

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Investigator's decision on behalf of the Ombudsman