Summary: We will not investigate Ms X’s complaint about the way the Council handled her application for homelessness. This is because Ms X had a right to seek a review of the Council’s decisions or pursue an appeal through the courts.

The complaint

1. Ms X complains about the Council’s handling of her homelessness application from April 2021 to January 2023, when it closed her case. She remains in temporary accommodation and wants the Council to provide her with suitable permanent accommodation.

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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)
3. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide it would be reasonable for the person to ask for an organisation review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X complained to us in July 2023 so matters arising before July 2022 are out of time. I have not seen any good reason to exercise discretion, therefore I will not investigate matters before July 2022.
8. Most decisions on a homelessness application carry the right of review to the council and the right of appeal to the courts.
9. In July 2022, the Council decided Ms X was threatened with homelessness. Ms X had the right to review and appeal this decision, so we will not investigate.
10. In September 2022, the Council accepted its duty to prevent Ms X becoming homeless and shared a personal housing plan with Ms X. Ms X had a right of review and appeal if she was unhappy with the decision or the plan, so we will not investigate.
11. In January 2023, the Council emailed Ms X seeking an update on her position. Ms X replied to an incorrect email address. On hearing no further, the Council closed the case. It then sent Ms X its decision ending its duty. This decision carried a right of review and appeal.
12. Ms X says she did not receive the Council’s decision, however we cannot say it was not sent. Further and in any event, Ms X could have raised this in seeking a late review or appeal if she wished. As Ms X had the right to seek a review or appeal, we will not investigate.
13. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

14. We will not investigate Ms X’s complaint because it is reasonable to have expected her to use her rights of review and appeal.

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Investigator's decision on behalf of the Ombudsman