Summary: The Ombudsman will not investigate this complaint about disrepair in temporary accommodation which the complainant left in 2018. This is because it is a late complaint, the Ombudsman cannot achieve the outcome the complainant wants, and because the complainant could have used her review rights.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council placed her in temporary accommodation which was in a poor condition and affected the health of her children. Ms X wants compensation of £100,000.

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The Ombudsman’s role and powers

2. 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 an investigation if we believe:

• we cannot achieve the outcome someone wants, 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)

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)

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How I considered this complaint

4. I read the complaint and the Council’s replies. I looked at photographs provided by Ms X and considered comments she made in reply to a draft of this decision.

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What I found

Temporary accommodation

5. When a council provides temporary accommodation it must ensure it is suitable. If the person does not think it is suitable they can ask for a suitability review and then go to court.

What happened

6. The Council provided Ms X with temporary accommodation from 2015 (possibly earlier) until December 2018. During this time the Council offered alternative accommodation, a number of times, but Ms X declined all offers until she moved in December 2018. Ms X says that two of the offers were unsuitable.
7. Ms X reported disrepair in 2016. The landlord had carried out repairs between November 2015 and October 2016. This included work to the electrics, new carpets and decoration, and unblocking drains that had been blocked with baby wipes. The contractor tried to clean some mould but Ms X prevented the work.
8. Ms X appointed a solicitor in early 2017. The Council arranged a building survey which it sent to the solicitor. The survey found no evidence of damp or leaks. The Council never heard back from the solicitor. Ms X also alleged a cupboard had fallen on her daughter and caused scarring. The Council says Ms X never reported this at the time and the landlord found no evidence of a fallen cupboard when Ms X left. Ms X did not ask for a suitability review.
9. Ms X moved in December 2018. She complained to the Council in August 2019 about disrepair and asked for £25,000. The Council did not uphold the complaint and rejected her claim for compensation. It signposted Ms X to the Ombudsman in September 2019. Ms X complained to the Ombudsman in September 2020 and asked for compensation of £100,000.

Assessment

10. I will not start an investigation for the following reasons.
11. This is a late complaint. Ms X says there was disrepair in a property she left in December 2018. Ms X did not follow through with the help from the solicitor in 2017 and she did not complain to the Council until August 2019. She then waited another year before complaining to the Ombudsman. I have not seen any good reason to accept such a late complaint, especially as some of the disrepair allegedly arose between 2015 and 2018 and Ms X had the support of a solicitor in 2017. In addition, Ms X could have asked for a suitability review if she thought the property was unsuitable and the Council made many offers of alternative accommodation, including an offer in 2016.
12. I also will not start an investigation because I cannot achieve the outcome Ms X would like. The Ombudsman does not ask councils to pay £100,000 even if disrepair is present. If Ms X believes she is entitled to £100,000 then that is a matter for the courts. Ms X should be aware there are time limits to start legal advice and she may wish to get legal advice.

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Final decision

13. I will not start an investigation because this is a late complaint, Ms X could have used her review rights and I cannot achieve the outcome Ms X would like.

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Investigator's decision on behalf of the Ombudsman