Summary: We will not investigate this complaint about the Council’s consideration of a homeless application. We will not exercise discretion to consider a complaint about accommodation offered to a homeless applicant in 2021. 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 being offered hostel accommodation in 2021 when she was offered a tenancy under the Council’s relief homelessness duty. She says she understood it would only be for a temporary period of weeks. She also complained about the Council’s decision in 2023 that she was not in priority need following a homeless application.

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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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)

Back to top

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.

Back to top

My assessment

6. Miss X says she was offered hostel accommodation in 2021 when she made an initial homeless presentation to the Council. She says she understood the accommodation was temporary for only 6 weeks but remained there until 2023 when she was evicted for non-payment of the service charge. The Council says the tenancy was long-term accommodation and she did not ask for any review of suitability at the time.
7. We will not investigate this element of Miss X’s complaint which was made outside the 12-month period for receiving complaints. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
8. Miss X approached the Council as homeless in 2023 and in October the Council issued a decision that she was not in priority need as she was not considered to be vulnerable under the legislation. Miss X asked for a statutory review of the decision through a housing law centre. The Council failed to determine the review within 8 weeks and the law centre lodged an appeal with the County Court in December.
9. The Council determined the review on 11 January and confirmed the original decision that Miss X was non-priority homeless because she was not vulnerable. The Council advised her that she had a right to appeal to the County Court if she wished to challenge the decision.
10. We will not investigate a complaint where it is reasonable to appeal to an independent tribunal or a court against a Council’s decision. This restriction applies to Miss X’s complaint.

Back to top

Final decision

11. We will not investigate this complaint about the Council’s consideration of a homeless application. We will not exercise discretion to consider a complaint about accommodation offered to a homeless applicant in 2021. 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.

Back to top

Investigator's decision on behalf of the Ombudsman