Summary: We will not investigate Mr X’s complaint that the Council in 2019 placed him and his son in a property which he says was filthy and made them both unwell. Mr X complains late and there is no reason to exercise discretion to investigate.

The complaint

1. Mr X complains the Council, between May and December 2019, placed him and his son in temporary accommodation which was not fit to live in. He says when he viewed the property it appeared fine. However, the property was dirty and he found silverfish, mice droppings, and stains on the carpet. He says he and his son were ill for months and it took until September 2019 to get the property cleaned. Mr X says due to the condition of the property he spent £100 per week on take away meals. He says he has a horrible taste in his mouth which he cannot get rid of.

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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. 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 have considered information provided by Mr X and the Council. I have discussed the complaint with Mr X by telephone. I have read the Council’s reply to the complaint dated 24 September 2021.

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My assessment

5. I will not investigate this complaint for the following reasons:
6. The complaint is outside the Ombudsman’s jurisdiction because Mr X complains late and outside the 12 months ‘permitted period’ (see paragraph 2 and 3 above).
7. I will not exercise discretion to investigate because Mr X could have complained sooner:
1. The matter was dropped for a considerable time. The Council says Mr X did not contact it between December 2019 and August 2021.
2. Mr X tells me he has complained late due to his poor health, the trauma of moving home at the end of 2019, and the impact of Covid-19. I do not consider that explains the delay in complaining.
3. There appears to be a lack of evidence and investigation is not likely to establish the condition of the property or significant administrative fault. The Council says it does not have photographs of the property and there is no evidence of a problem when Mr X moved in. The first report of Mr X’s concern was in July 2019 via a social worker. The Council says environmental health visited in August and October. I understand a hospital test and Utility Board water test did not identify a problem. The Council says powder was given to deal with silver fish and it found a pipe point where a mouse could have got into the property. It believes it responded appropriately to the reported concerns.

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Final decision

8. The Ombudsman will not investigate Mr X’s complaint that the Council in 2019 placed him and his son in a property which he says was filthy and made them both unwell. Mr X complains late and there is no reason to exercise discretion to investigate.

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Investigator's decision on behalf of the Ombudsman