Summary: We cannot investigate this complaint about the Council’s failure to fulfil a statutory homeless duty and to provide services to
Mr C 13 years ago. The complaint is late, with no good reason to consider it now, and we could not investigate effectively or achieve a meaningful result so long after the original events.

The complaint

1. Mr C says the Council:

• did not fulfil its duty to him when he became homeless after escaping domestic abuse; and
• did not provide support services for him; and
• should provide domestic abuse support services for men, and not just women.

Back to top

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. The Ombudsman cannot investigate late complaints unless he decides there are good reasons. Late complaints are when someone takes more than 12 months to complain to the Ombudsman about something a council has done. (Local Government Act 1974, sections 26B and 34D)

Back to top

How I considered this complaint

4. I read the complaint and the Council’s responses. I invited Mr C to comment on the draft decision.

Back to top

What I found

5. Mr C says in 2008 he was relocated to a Salvation Army hostel to escape domestic abuse. He says he was homeless, and the Council was aware of this, but it did not assist him and failed in its statutory duty to do so. Mr C also says the Council did not provide him with any professional support and his details were not shared with partner agencies that could have helped him. He says support services should be available for men, and not just women.
6. The Council said it would not investigate Mr C’s complaint as too much time has passed, and it only usually considers complaints made about things that happened in the last 12 months.
7. We cannot consider complaints over 12 months old without good reason. In this case, it would be unlikely we could reach a sound, fair and meaningful decision because the complaint is over 12 years old, which would impact our ability to gather evidence. Mr C may not have known the law about the Council’s responsibilities in 2008, but he could have complained about his living situation and sought help at or much nearer the time.
8. The Council’s website has pages for men and women who are experiencing domestic abuse and details how to get help. It is likely the approach of public services to domestic abuse has changed significantly over nearly 13 years and we could not achieve a worthwhile outcome by investigating Mr C’s complaint now.

Back to top

Final decision

9. We cannot investigate this complaint. This is because it is late, and there is no good reason to consider it now as we could not investigate effectively or achieve a meaningful result so long after the original events.

Back to top

Investigator's decision on behalf of the Ombudsman