Summary: We will not exercise discretion to investigate this complaint about disrepair in temporary accommodation in 2022 to 2023. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. It is reasonable for him to submit a claim against the Council for damage to his possessions caused by mould during this period.

The complaint

1. Mr X complained about the Council’s failure to compensate him for damage to his possessions caused by mould and dampness whilst he was in temporary accommodation in 2022. The Council has referred him to the management agent for the private rented property he occupied but he says it is responsible for the allocation of the temporary accommodation and should compensate him.

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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’s response.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says he was placed in temporary accommodation in 2022 and left in 2023. During this time, he says the accommodation was damp and mouldy and his family and possessions suffered because of this. He says he reported the problems to the landlord’s agents but they were not addressed by the Council until July 2023 following his complaint to the Mayor of London in January.
7. The legislation from which the Ombudsman takes her powers also places some restrictions on what we can investigate. One of these restrictions relates to complaints about matters which the complainant was aware of more than 12 months before they brought it to our attention. This restriction applies to Mr X’s complaint. He was aware of the problems in 2022 but did not complain to us until June 2024 and he left the accommodation in 2023.
8. 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.

Mr X was advised by the Council to make a compensation claim against the landlord’s agents but as the Council provided the temporary accommodation under its homelessness duty it is not unreasonable for him to be able to submit a claim directly to the Council. If the Council disputes liability for the claim he could pursue the matter in the courts.

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Final decision

9. We will not exercise discretion to investigate this complaint about disrepair in temporary accommodation in 2022 to 2023. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. It is reasonable for him to submit a claim against the Council for damage to his possessions caused by mould during this period.

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Investigator's decision on behalf of the Ombudsman