Summary: We will not investigate this complaint about rent arrears
Ms X built up in Council temporary accommodation. This is because this is a late complaint and there are no good reasons to investigate it now.

The complaint

1. Ms X complains the Council failed to tell her she had a right to review the suitability of her temporary accommodation and as a result she incurred significant rent arrears. Ms X says she has missed out on the opportunity to be rehoused in another area because of the arrears.

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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)
4. 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 or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

7. Ms X was in temporary accommodation with the Council up until July 2019. During this time she built up rent arrears at the accommodation. Ms X entered into a payment arrangement with the Council to clear the arrears.
8. Ms X and her representatives did not complain to the Council about her arrears until September 2021. This is over two years after Ms X left her temporary accommodation. Therefore this is a late complaint.
9. We may investigate late complaints where there are good reasons for disregarding this restriction. However I cannot see any reason why Ms X could not have complained sooner if she was unhappy with the amount of rent she was paying in her temporary accommodation or the level of arrears. Therefore we will not investigate this complaint.
10. The Council has now written off the arrears for the accommodation Ms X was living in until July 2019. Even if we were to consider this complaint it is unlikely we would achieve a different outcome.

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Final decision

11. We will not investigate Ms X’s complaint because this is a late complaint and there are good reasons to investigate now.

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Investigator's decision on behalf of the Ombudsman