Summary: We will not exercise discretion to investigate this complaint about mice in temporary accommodation provided by the Council under its homelessness duty. 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’s failure to deal with problems with mice which he says he has been reporting since 2022.

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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 or continue an investigation if we decide 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’s response.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says he has had problems with mice entering the kitchen of his temporary accommodation which he has occupied for four years. He first reported the problem in 2022 and although the landlord has taken some action to provide bait traps and blocking access holes the mice are still present.
7. We will not investigate complaints about matters which the complainant was aware of more than 12 months before they brought it to our attention. 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. I have seen no evidence to suggest that Mr X could not have complained to us sooner.

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Final decision

8. We will not exercise discretion to investigate this complaint about mice in temporary accommodation provided by the Council under its homelessness duty. 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