Summary: We will not exercise discretion to investigate this complaint about a suitability of accommodation review in 2020. 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.

The complaint

1. Ms X complained about the Council’s failure to respond properly to her request for a review of the suitability of temporary accommodation she was placed in. She says she did not receive proper response to her request for a review in November 2020.

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The Ombudsman’s role and powers

2. 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

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X asked the Council to review the suitability of her temporary accommodation in November 2020. This was because she had reported disrepair in the flat, which was privately rented, she also said it was only one bedroom so she was overcrowded with her child and she was having problems with another resident in the flat below hers.
6. The Council investigated her request and told her that it considered the flat not to be statutory overcrowded because there are two habitable rooms. It interviewed the neighbour who had previously made complaints about Ms X causing noise and disturbance. The managing company also investigated the reported disrepair which was identified as a communal roof leak into Ms X’s and other flats.
7. Because the agent’s workers would need access to Ms X’s flat to carry out work and because the neighbour dispute could not be easily resolved, the Council decided in December 2020 to recommend Ms X for a discretionary transfer pending suitable vacancies. Ms X says she was not notified of the decision. However, in January 2021 she was made two offers of vacancies as discretionary transfers. She chose to refuse these because of the locations in relation to her employment.
8. If Ms X was not notified of the December 2020 decision it was reasonable for her to complain to us after the 56 day response period had expired. However, she must have been aware that she had been recommended for discretionary transfers because she was made offers under the policy with a month. She could have asked the Council to provide further details of its decision when she refused the offers made to her at the time.
9. Ms X has indicated in her complaint to us that she was aware of the timescale in which the Council should respond. I have seen no evidence to suggest that she could not have complained to us sooner.

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Final decision

10. We will not exercise discretion to investigate this complaint about a suitability of accommodation review in 2020. 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.

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Investigator's decision on behalf of the Ombudsman