Luton Borough Council (22 010 700)

Category : Housing > Homelessness

Decision : Closed after initial enquiries

Decision date : 01 Feb 2024

The Ombudsman's final decision:

Summary: We will not exercise discretion to investigate this complaint about the suitability of temporary accommodation provided by the Council in 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner following her original contact with us in 2022.

The complaint

  1. Ms X complained about the suitability of the temporary accommodation offered to her in April 2022. She says there was a fault with the heating which meant one radiator was faulty which she reported each monthly inspection from the start of her tenancy. She also says the accommodation was overcrowded following her son reaching gone year of age.

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The Ombudsman’s role and powers

  1. 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

  1. I considered the information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X says she was place din temporary accommodation in April 2022 which was unsuitable for her housing needs. She says one radiator was not warm and was not repaired until November 2022 even though she raised the issue on monthly inspections by a contractor. She also says that the flat was overcrowded once her son became over 12 months old as she was short of a bedroom.
  2. Ms X complained to the Council in August 2022 and to us in November. We did not consider the complaint at that time because the Council had not been given an opportunity to respond through its complaints procedure. Miss X completed the complaints procedure in February but did not submit a new complaint to us until November 2023. This is more than 12 months since she became aware of the matters complained about. There is insufficient evidence to suggest that Ms X could not have complained to us sooner.

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Final decision

  1. We will not exercise discretion to investigate this complaint about the suitability of temporary accommodation provided by the Council in 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner following her original contact with us in 2022.

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Investigator's decision on behalf of the Ombudsman

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