Summary: We will not investigate this complaint about a property the Council helped the complainant find in 2020. This is because it is a late complaint.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council ignored her wishes about not moving to another borough. She says the Council will not help her.

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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 considered information provided by Ms X and the Council. This includes the complaint replies. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

5. In 2020 Ms X asked the Council for help because she was at risk of becoming homeless. The Council tried to find a property in the local area but this was not possible. In October 2020 the Council helped Ms X find a flat. Ms X still lives in the same property. Ms X says the flat is unsuitable because it is in a different council area and not near the hospital where her child has treatment. Ms X sent the Council an email in November 2020 saying she was not happy with the location and asking if there was any other support. Ms X says the Council did not reply.
6. In March 2021 Ms X sent an email saying she did not want to renew the tenancy in October and asked for advice about other options.
7. In response to her complaint the Council said its duty was to prevent homelessness. It said the flat is suitable in terms of size and affordability and Ms X could transfer to a local hospital or travel to the original one. The Council said it cannot always help to find accommodation in the preferred location. In November 2021 the Council signposted Ms X to the LGO. Ms X complained to us in May 2022.
8. I will not start an investigation because this is a late complaint. Ms X is unhappy with accommodation the Council helped her to secure in October 2020 but she did not complain to us until May 2022, despite being signposted to us in November. I appreciate the Council did not respond to Ms X’s email in November 2020 but she did not follow that up at the time by making a complaint. I have not seen any good reason to accept a late complaint. I note Ms X has since renewed the tenancy and the Council does not currently owe any homelessness duties to her.

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Final decision

9. We will not start an investigation because this is a late complaint.

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Investigator's decision on behalf of the Ombudsman