Summary: We will not investigate this complaint about Mr X’s homelessness application made in 2019. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint has been made late to us outside of our usual 12-month time period for accepting complaints. Even if we did exercise discretion to investigate, it is likely we would decide it was reasonable for the complainant to have used his rights to request reviews of the Council’s decision on the suitability of his temporary accommodation.

The complaint

1. Mr X complains about what happened when he approached the Council when he became homeless. He says he was placed in an unclean temporary accommodation, and it took nearly three months for the Council to assist him. He says his mental health suffered.

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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)
3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start an investigation if we decide it would be reasonable for the person to ask for a council review or appeal.(Local Government Act 1974, section 24A(6))
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the complainant which includes the Council’s response.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has recently responded to Mr X’s complaint finding:

• It cannot review the homelessness issues as these are historic issues;
• He has been living in supported housing managed by a housing association since February 2020;
• If he wishes to move he can apply to the Council’s housing register.

8. I am satisfied that Mr X has made his complaint late to the Ombudsman. I have seen no evidence to indicate Mr X could not have complained earlier instead of two years after the events in question.
9. Even if we did exercise discretion it is likely we would find it was reasonable for Mr X to use his right to request reviews of the Council’s decisions on his homelessness application and ultimately to the courts.
10. If the hostel accommodation was ‘interim’ accommodation rather than temporary accommodation (and I have not checked this given I am not investigating) pending a Council homelessness decision he could still have requested an internal Council review. I have seen no information to indicate he did at the time.

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Final decision

11. We will not investigate Mr X’s complaint because it is late and there is no evidence he could not have complained earlier. If we did exercise discretion it is likely we would find it was reasonable for him to use his rights to a review.

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Investigator's decision on behalf of the Ombudsman