Summary: We will not exercise discretion to investigate this complaint about the suitability of temporary accommodation offered to Miss X. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.

The complaint

1. Miss X complained about the Council providing her with unsuitable temporary accommodation when she was accepted as homeless in 2017. She says it failed to offer her more suitable accommodation which was overcrowded and unsuitable for a family with you children.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X was placed in temporary accommodation in 2017 following a homeless application to the Council. She says the flat was unsuitable for her family needs as it had an unsafe staircase for children and was overcrowded. She says the accommodation affected her mental health causing depression and in 2019 had a review of suitability carried out at her solicitors’ request.
6. The Council upheld the review and placed her on a transfer list for an alternative property. It says it offered her alternative accommodation in 2020 but that she refused this due to personal circumstances and a further offer was turned down due to the location. In 2022 Mrs X made a complaint to the Council and in March this was rejected at the first stage. The subsequent second stage was also not upheld.
7. Miss X occupied the accommodation from 2017until 2022 when she was permanently rehoused. She says she should be compensated for the unsuitable conditions for these years but she did not bring the matter to our attention until May 2023. We will not normally consider complaints about matters which the complainant was aware of more than 12 months before they complained to us. There is no evidence to suggest that Miss X could not have complained to us sooner.

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Final decision

8. We will not exercise discretion to investigate this complaint about the suitability of temporary accommodation offered to Miss X. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman