Westminster City Council (21 009 610)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 26 Nov 2021
The Ombudsman's final decision:
Summary: I will not investigate this complaint about temporary accommodation being unsuitable. This is because the complaint is late and I see no reason why it could not have been made sooner.
The complaint
- The complainant, who I will call Mr X, complains that temporary accommodation that the Council has provided is unsuitable.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.
My assessment
- Mr X complained to the Council that the temporary accommodation it provided to him was unsuitable. The Council responded to his complaint in late 2019 advising him to approach the Ombudsman if dissatisfied with its response. It resent the decision to him in early 2020.
- I will not investigate Mr X’s complaint because it is late. Despite receiving the Council’s final response in March 2020, he did not contact the Ombudsman until September 2021, some eighteen months later. I see no reason why he could not have contacted us sooner.
- If Mr X has new issues he would like to complain about, other than those previously investigated by the Council in 2019, he can submit a formal complaint to the Council. Once it has completed its complaints process, he can then raise the matter with the Ombudsman.
Final decision
- I will investigate this complaint. This is because it is late and I see no reason why he could not have complained sooner.
Investigator's decision on behalf of the Ombudsman