Summary: We will not investigate this complaint about the Council’s failure to issue a notice to Mr X’s landlord for the disrepair issues in his privately rented property and about the Council’s handling of his homeless application. This is because part of Mr X’s complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient evidence of fault with how the Council dealt with Mr X’s homelessness.

The complaint

1. Mr X complains the Council failed to issue a notice to his landlord for the disrepair issues in his privately rented property. He says this led to his eviction by the landlord. He also complains about the Council’s handling of his homelessness application.

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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)
4. 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 an investigation if we decide there is not enough evidence of fault to justify investigating.

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

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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.

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My assessment

7. Mr X approached the Council about disrepair issues in his private rented property in June 2020. The Council completed an inspection under the Housing health and safety rating system (HHSRS) in July 2020. The Council identified several disrepair issues and informed Mr X of the action the Council had asked his landlord to complete in July 2020.
8. We do not investigate complaints about matters that happened more than 12 months ago unless there is good reason for why the complainant did not complain to us sooner. In this case, I cannot see any good reason for why Mr X could not have complained about the Council’s actions earlier. This is especially given he was aware of the issues and the action the Council had decided to take in July 2020. If Mr X was unhappy with the Council’s actions, it was reasonable for him to have complained at the time.
9. With regards to Mr X’s homelessness application, the Council confirmed it accepted a prevention duty in July 2021 and that it had offered Mr X accommodation in April 2022. The Council said Mr X declined the offer as he wanted to be rehoused in another borough. The Council said this offer would have prevented Mr X’s homelessness. The Council also confirmed it accepted the relief duty when Mr X was made homeless in January 2023.
10. The Council also explained Mr X had not provided it with all the relevant documentation and evidence to allow it to progress his case.
11. An investigation is not justified as there is insufficient evidence of fault with how the Council has dealt with Mr X’s homelessness application.

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Final decision

12. We will not investigate Mr X’s complaint because part of his complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient evidence of fault with how the Council dealt with Mr X’s homelessness.

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Investigator's decision on behalf of the Ombudsman