Summary: We will not investigate Mr X’s complaint about the Council’s decision to evict him from his temporary accommodation. That is because the complaint is late and there are no good reasons to exercise discretion and consider it now.

The complaint

1. Mr X complained about the Council’s decision to evict him from his temporary accommodation in January 2023. He said the Council made him homeless with no help. He said he is a vulnerable adult with learning difficulties, and the Council’s decision failed to safeguard him.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

7. We will not investigate Mr X’s complaint about the Council’s decision to evict him in January 2023. That is because he did not complain to the Ombudsman until July 20024; 18 months after the Council’s decision. Therefore, this complaint is late and we should not consider it. We have discretion to set aside this restriction where we decide there are good reasons. In this case I have decided not to exercise discretion because it was reasonable to expect Mr X to have complained to us sooner.
8. In any event, even if the complaint was not late, we would not investigate. In the ‘notice to quit’ the Council sent Mr X, it said he had continually breached the license agreement of his temporary accommodation. It said he had failed to pay for the room; smoked continuously in his room, refused to do what staff asked and that he had caused damage to the accommodation. The Council wrote to Mr X discharging the main housing duty towards him. If Mr X disagreed with that decision, it was reasonable for him to ask for a Section 202 review within 21 days of that decision.
9. In the Council’s complaint response, it also confirmed that it made a referral for private accommodation for Mr X which he secured in March 2023. That accommodation was available for twelve months. It also said Mr X continued to receive support from his Autism Services support worker. Therefore, there is nothing to suggest the Council’s actions left Mr X homeless, or without support.

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Final decision

10. We will not investigate Mr X’s complaint because it is late and there are no good reasons to exercise discretion and consider it now.

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Investigator's decision on behalf of the Ombudsman