Summary: Mr X complained about the Council’s failure to take sufficient action after he was assaulted by another tenant in temporary accommodation in 2019. We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the behaviour of another tenant who was sharing the temporary accommodation he was placed in by the Council in 2019. He says he was assaulted by the tenant in 2019 and he complained to the Council, but its investigation was unsatisfactory.

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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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

6. Mr X says he complained about the behaviour of another tenant in the temporary accommodation he was placed in after presenting as homeless in 2019. The property was managed by a property agent to whom he complained. A week later he complained to the Council and before it responded he was assaulted by the tenant two weeks later.
7. The Council says the agents dealt with Mr X’s complaint at the time and they involved the Police over the assault because both parties denied blame. The Police later decided not to pursue the matter. Both Mr X and the other tenant were moved to other premises and the Council closed his complaint in June 2020.
8. Mr X complained to us in June 2021 which is outside the 12-month period for complaining about the incidents of 2019 to us. He was advised by the Council in June 2020 to complain to us, however, even had he done so we would not be able to investigate an assault - which is a criminal matter. This had already been considered by the Police who deal with criminal matters.

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Final decision

We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman