Summary: Mr X complained the Council failed provide Mr Z with accommodation under the ‘Everyone In’ COVID-19 arrangements and failed to accept it owed Mr Z a homelessness duty. The complaints are late.

The complaint

1. Mr X complained the Council failed provide Mr Z with accommodation under the ‘Everyone In’ COVID-19 arrangements and failed to accept it owed Mr Z a homelessness duty.
2. Mr X said that as a result, Mr Z was street homeless which led to physical and mental injuries.

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The Ombudsman’s role and powers

3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
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.
6. I considered the Ombudsman’s Assessment Code.
7. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

8. At the start of the COVID-19 pandemic the government introduced arrangements to ensure people who were street homeless were provided with housing. This was called the ‘Everyone In’ initiative.
9. Mr Z was released from prison just prior to the pandemic and his bail address was in Council owned accommodation. However, the Council had boarded up the property so Mr Z could not gain access.
10. The Council did not discover Mr Z was homeless until September 2020, six months after the Everyone In initiative has started. It provided him with interim accommodation in December until he could return to his property in February 2021.
11. The law says a person should approach the Ombudsman within 12 months of becoming aware of the issue they wish to complain about. In this case, the events occurred in late 2020.
12. We can exercise our discretion to investigate late complaints, but we must be satisfied there are good reasons for the delay.
13. I can see no good reason to exercise discretion. I acknowledge it would have been difficult for Mr Z to complain. However, Mr X was aware of the events around the time they happened and so it is reasonable for him to have complained earlier on Mr Z’s behalf. In addition, the Council provided Mr Z with accommodation in December 2020 and so there is no ongoing injustice that might require a remedy if it was as a result of the Council’s fault.

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Final decision

14. We will not investigate this complaint because it is late.

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Investigator's decision on behalf of the Ombudsman