Summary: We will not exercise discretion to investigate this complaint about the Council ending the provision of temporary accommodation in 2022. 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.

The complaint

1. Mr X complained about the Council re-possessing temporary accommodation provided under a homeless duty when his wife who was the tenant informed the Council that she had left the property and Mr X was no longer part of her household for the homeless duty. He says he was not given proper notice to leave and the locks were changed when he moved out.

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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)

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How I considered this complaint

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

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My assessment

5. Mr X says he was living in temporary accommodation provided by the Council under the main housing duty from 2020. In 2022 his wife left the accommodation with their children and told the Council that she had done so and that Mr X was no longer part of her household for her application as they had ended their relationship. He says she told the Council that he had he had left the accommodation after she told him to do so using social media.
6. The Council told Mr X that he was no longer entitled to remain in the premises and it changed the locks on 29 November when he left without any argument. Mr X asked the Council in December if it was possible for his wife to remove him from the tenancy as he was now homeless. He says he did not receive a proper response.
7. Mr X did not make a formal complaint the Council in 2022. We asked the Council for details of any complaint which he may have made but it confirmed there was none and that it was too late for it to consider a complaint now. He did not complain to us until July 2024 which is outside the 12-month period for submitting a complaint.
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.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council ending the provision of temporary accommodation in 2022. 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

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Investigator's decision on behalf of the Ombudsman