Summary: We will not investigate this late complaint about the Council’s decision to end its duty to relieve Miss X’s homelessness. It was reasonable for Miss X to use her statutory right of appeal to the county court, and there is also not a good reason for the delay in bringing the matter to the Ombudsman.

The complaint

1. Miss X complained the Council moved her into unsuitable accommodation after she had made a homelessness application, and then wrongly decided it did not owe her any further duties. She said this caused her significant distress and left her feeling unsafe. She wanted the Council to reconsider the matter.

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The Ombudsman’s role and powers

2. 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)
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)

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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. Miss X complains about the Council’s decision to end its relief duty towards her, after it helped her secure supported accommodation that it was satisfied would be available to her for at least six months.
7. The decision Miss X complains about is one that carried a statutory right of appeal to county court. Miss X was aware of her right, as the Council told her about this in its letter to her of October 2023. It was also open to Miss X to request a review of the suitability of her accommodation, which would have brought an appeal right had the Council upheld its decision the accommodation was suitable.
8. We are not an appeal body, and we do not have the same powers as the courts in respect of homelessness decisions. The courts were best placed to consider the matter.
9. The matters Miss X complains about are also events that occurred more than 12 months before she came to the Ombudsman. The law says people must bring complaints to us within 12 months of becoming aware of the matter, unless there are good reasons.
10. Miss X has told us about how her mental health has been affected by living in the accommodation. I have taken this into account when considering whether she was prevented from escalating the matter sooner. However, this did not prevent her from communicating with the Council and she could have also contacted us or the courts a year earlier. This is particularly so, given the severity of the impact as she describes, and the urgency therefore of escalating the matter. Miss X left the matter to lie for 12 months after the Council’s final decision, before contacting us.
11. I am satisfied there is not a good reason for the delay in Miss X bringing the matter to us, and I am satisfied in any event that it was reasonable for Miss X to use her statutory right of appeal to county court. We will not investigate the matter.
12. It is open to Miss X to make a new homelessness application to the Council, for it to consider whether circumstances have changed since its previous involvement. The Council may decide to complete a new assessment due to Miss X being at risk of homelessness, or already homeless, because of the risks she describes to her safety in her current accommodation.

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Final decision

13. We will not investigate Miss X’s complaint because it was reasonable for her to use her statutory right of appeal to the county court, and there is not a good reason for the delay in her bringing the matter to us.

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Investigator's decision on behalf of the Ombudsman