Summary: We will not investigate this complaint about disrepair in temporary accommodation. Some of the complaint relates to matters which occurred more than 12 months before they were brought to our attention and we will not exercise discretion to consider them now. The Council has responded to complaints made within 12 months and there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Miss X complained about repair problems which have occurred in her temporary accommodation provided by the Council since 2018. She says other matters reported this year are ongoing and have not been resolved.

Back to top

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 provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

4. I considered the information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Miss X moved into her temporary accommodation in 2018 following the Council’s acceptance of the main homeless duty to her. She says that she made complaints about a boiler fault, a gas leak, the cooker and flooding for which she made an insurance claim against the Council in the period 2018-21.
7. We will not investigate these matters because they were reported outside the12-month period from when we can receive a complaint. If Miss X was dissatisfied with the Council’s responses, she could have complained to us within 12 months of becoming aware of the fault. There is no evidence to suggest that Miss X could not have complained to us sooner.
8. Miss X has reported some further repair issues in the past 12 months including a concern that the boiler flue is too close to the window and that there are blocked drains under the floor causing smells and dampness. The Council has responded to these complaints and advised its management agents to inspect the property following an initial visit which did not discover any faults to be repaired.
9. Repairs are normal occurrences when renting property and we can only consider the response to reported repairs rather than when a problem occurs. The Council has responded to the matters raised by Miss X. We may not question whether the decision the Council has made is right or wrong or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault.

Back to top

Final decision

10. We will not investigate this complaint about disrepair in temporary accommodation. Some of the complaint relates to matters which occurred more than 12 months before they were brought to our attention and we will not exercise discretion to consider them now. The Council has responded to complaints made within 12 months and there is insufficient evidence of fault which would warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman