Summary: We will not exercise discretion to investigate this complaint about the suitability of allocation of temporary accommodation by the Council. 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 suitability of the temporary accommodation which the Council offered her in 2022. She says it is too far away for her children to travel to school and carry on with their education. She wants the Council to offer her permanent accommodation in her previous area. She also says she has been in temporary accommodation since 2007 and this is too long.

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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 investigate 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 or continue an investigation if we decide:

• it would be reasonable for the person to ask for a council review or appeal; or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Ms X says she was placed in temporary accommodation in June 2022 following her eviction from previous temporary accommodation which she had lived in for 15 years. She says her children have been in education in her previous area all their lives and are studying for key stage examinations. The new accommodation is 10 minutes longer than the 75 minutes acceptable travelling time and she wants to be located nearer to the previous area.
7. Ms X could have challenged the suitability of the accommodation when the tenancy was offered in June 2022. She did not do so until April 2023 and did not complain to us until October which is outside the 12 months period for receiving complaints. We have some discretion to considered older complaints but in this case we would have advised Ms X to ask for a review of suitability of the accommodation if she had complained to us at the time.
8. Ms X complained about the length of time in temporary accommodation without being offered permanent social housing. There is no time limit on how long an applicant may be on the housing register or in temporary accommodation. Ms X was in her previous accommodation for 15 years and was considered to be adequately housed for her needs so her housing priority was low as a reflection of this.

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Final decision

9. We will not exercise discretion to investigate this complaint about the suitability of allocation of temporary accommodation by the Council. 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