Summary: We will not investigate this complaint about the Council’s actions after the complainant became homeless. This is because part of the complaint is late, and the complainant had the right to request a review of the Council’s decision. If we investigated the remaining part of the complaint, this would not lead to a different outcome for the complainant, and we could not add to the Council’s investigation.

The complaint

1. The complainant, Miss A, complained about the Council’s actions after she became homeless.

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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. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. Miss A has had the opportunity to comment on my draft decision. I considered any comments received before making my final decision.

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My assessment

8. Miss A told us in 2018, the Council offered her temporary accommodation and she successfully claimed housing benefit so she could pay her rent. In 2019, she said the Council offered her a permanent tenancy of the property. She told us she questioned the affordability of the property but the Council told her she would be making herself intentionally homeless if she did not accept this offer. Miss A accepted the offer. The Council later told Miss A it had stopped her housing benefit. Rent arrears built up.
9. Miss A told us the Council offered her further temporary accommodation in January 2021 and failed to provide her with the keys. Miss A never moved into the property but the Council charged her rent for over a year, resulting in further rent arrears. Miss A said because of the arrears, the Council suspended her housing register account.
10. The Council considered Miss A’s complaint. It recognised it had been at fault because it should have withdrawn the January 2021 offer. It agreed to clear the arrears at this property. The Council has apologised and lifted the suspension of Miss A’s housing register account even though she still has significant rent arrears. It has explained to her why the suspension would not have had a negative impact on her bidding position.
11. We cannot investigate complaints received outside the normal 12-month period unless we decide there are good reasons. Miss A could have complained to us sooner about what happened in 2019. Also, she had the right to seek a review of the suitability of Council’s offer. We expect people to use the specific rights of review and appeal the law provides. We could not add to the Council’s investigation of the remaining part of Miss A’s complaint or obtain a different outcome for her. That is because the Council has taken action to put Miss A back in the position she would have been in had it withdrawn the January 2021 offer promptly.

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Final decision

12. We will not investigate Miss A’s complaint because the complaint is late and Miss A had the right to request a review of the Council’s decision in 2019. We could not achieve a different outcome for Miss A or add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman