Summary: We will not investigate this complaint about the Council’s property offer and its referral of his homelessness application to another council. Part of the complaint is late and Mr X has a right of review about the recent homelessness decision that it would be reasonable for him to use.

The complaint

1. Mr X complains the Council offered him an unsuitable property in 2020. He also complains about the Council’s decision to refer his more recent homelessness application to another council. He says the situation has caused him distress. He wants the Council to rehouse him and compensate him for living in uninhabitable conditions.

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The Ombudsman’s role and powers

2. 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 (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
3. 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

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

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My assessment

6. We will not investigate Mr X’s complaint about the Council’s property offer in 2020. Mr X had a right of review when the Council offered the property and did not use it. Mr X could also have approached us sooner if he was dissatisfied with the Council’s actions. The complaint is late and there is no good reason to exercise discretion to investigate it now.
7. We will also not investigate the Council’s decision to refer Mr X’s more recent homelessness application to a neighbouring authority. The Council has informed Mr X of his right to ask for a review of its decision, if he does not agree with it. It would be reasonable for Mr X to ask for a review in this case.

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Final decision

8. We will not investigate Mr X’s complaint. Part of it is late and he has a right of review about the Council’s recent decision which it is reasonable for him to use.

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Investigator's decision on behalf of the Ombudsman