Summary: We will not investigate Miss X’s complaint about the Council’s handling of her homeless case. She says the Council failed to provide her with suitable accommodation between 2019 and 2024, and that the Council failed to support her with securing private accommodation between 2022 and 2024. This is because most of her complaints are late and there are no good reasons to exercise discretion to consider the late complaints. In addition, the alleged faults have not caused any significant injustice and it is reasonable for Miss X to ask the Council to complete a review.

The complaint

1. Miss X complains about the Council’s handling of her homeless case. She says the Council failed to provide her with suitable accommodation between 2019 and 2024, and that the Council failed to support her with securing private accommodation between 2022 and 2024.

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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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• 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))

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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. There is no evidence to suggest Miss X had previously raised complaints about the Council’s handling of her homeless case, or failure to support her with securing private accommodation, between 2019 and 2023. Therefore, Miss X’s complaints about the Council’s actions during this period is late. I am not satisfied there are any good reasons to exercise discretion to consider this late complaint.
7. We have only considered the complaint issues that have occurred within 12 months of when Miss X complained to us. These complaints relate to the Council securing unsuitable temporary accommodation for Miss X.
8. Miss X raised concerns in March 2024 about the suitability of temporary accommodation the Council secured for her and asked the Council to complete a review. The Council explained that once it was made aware of the concerns, it secured alternative suitable accommodation. Therefore, it would not complete a suitability review as Miss X was not longer residing in the temporary accommodation.
9. An investigation on this point is not justified as the alleged fault has caused limited significant injustice due to the Council sourcing alternative suitable temporary accommodation without delay once it was aware of Miss X’s concerns.
10. Miss X raised further concerns in April 2024 about temporary accommodation provided to her. She noted the Council had provided her with an incorrect address and the property did not have lift access.
11. The Council accepted the accommodation was unsuitable but confirmed it sourced suitable alternative accommodation the following day and that this was provided up to the point it ended the main housing duty. Therefore, an investigation on this point is not justified as the alleged fault has caused limited significant injustice.
12. Finally, the Council confirmed it had ended its main housing duty to Miss X as she declined a suitable social housing offer. If Miss X disagrees the property offered was suitable, she can ask the Council to complete a suitability review. She can also ask the Council to review its decision to end the main housing duty. I am satisfied it is reasonable for Miss X to follow this process.

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Final decision

13. We will not investigate Miss X’s complaint because most of her complaints are late and there are no good reasons to exercise discretion to consider the late complaints. In addition, the alleged faults have not caused any significant injustice and it is reasonable for Miss X to ask the Council to complete a review of its decision to end the main housing duty and of the suitability of its final offer.

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Investigator's decision on behalf of the Ombudsman