Summary: We will not exercise discretion to investigate this complaint about the Council’s decision to end its homeless duty and evict Ms X from temporary accommodation in 2022. 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 her eviction from temporary accommodation in 2022. She says the accommodation was not suitable as it was unaffordable and that the Council did not take her disabled mother’s circumstances into account. She wants the Council to remove the outstanding rent arrears from because she believes it is unreasonable to demand the debt.

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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. 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

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 the temporary accommodation she was allocated by the Council in 2021 was unsuitable because it was unaffordable. She fell into rent arrears and when her employment ended in 2022 the Council ended its homeless duty to her because she was no longer accepted for homeless assistance as a foreign national with pre-settled status us as a worker.
7. Ms X asked for a review of the Council’s decision which it undertook and when this was unsuccessful the Council evicted her from the accommodation in November 2022. Ms X made a formal complaint to the Council with the assistance of a citizen’s advice bureau in 2023. She challenged the suitability of the accommodation, the homeless duty decision and the repayment of the arrears for the accommodation.
8. We will not investigate this complaint which was received outside the 12-month period from when she became aware of the alleged fault. There is no evidence to suggest that Ms X could not have complained to us sooner. We have some discretion to consider older complaints but in this case it was reasonable for her to challenge the homelessness decision in 2022 by appealing to the County Court under s.202 of the Housing Act 1996. It is likely we would have advised this in 2022 had she complained at the time.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council’s decision to end its homeless duty and evict Ms X from temporary accommodation in 2022. 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