Summary: We will not investigate this complaint about how the Council dealt with Mr X’s homelessness application as it is late. We will not investigate the complaint about the suitability of Mr X’s accommodation as there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complained that the Council:

• Failed to deal with his homelessness application in accordance with the law.
• Placed him in unsuitable accommodation when discharging its main housing duty.
• Delayed in dealing with his request for a review of the suitability of his accommodation.
• Wrongly considered the accommodation was suitable.

2. Mr X considered that, as a result, he is living in unsuitable accommodation and the Council’s actions have caused distress to him.

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The Ombudsman’s role and powers

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. 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)
5. 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

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. In 2022, Mr X made a homelessness application as his landlord served a section 21 notice. In 2023, the Council accepted the main housing duty. We will not investigate how the Council dealt with Mr X’s homelessness application as it is late. In reaching this decision I have considered Mr X’s circumstances. But it was open to Mr X to make a complaint sooner about how the Council dealt with his homelessness application and there are no good reasons to investigate this complaint now.
9. I will not investigate Mr X’s complaint about the Council’s delay in dealing with his request for a review of the suitability of the accommodation offered to discharge the main housing duty. Mr X had the right to appeal to the county court if the Council did not issue its decision within eight weeks. Mr X was represented at the time. So, I consider it is reasonable to expect him to have appealed to the county court.
10. Mr X had the right to appeal to the county court against the Council’s review decision that the property was suitable for him. I have exercised discretion to consider this complaint as it was not reasonable to expect Mr X to appeal to the county court. Mr X’s representative stopped acting for him shortly after the Council issued the review decision and Mr X was unable to find another representative to help him appeal.
11. But we will not investigate Mr X’s complaint about the suitability of his accommodation as there is not enough evidence of fault to justify an investigation. We are not an appeal body. Our role is to consider if the Council has properly made its decision that Mr X’s accommodation was suitable. The Council review decision shows it considered Mr X and his representative’s reasons for considering the property to be unsuitable, including the medical evidence provided. The Council provided a reasoned explanation for why it considered the property to be suitable and why Mr X’s evidence did not change its view. So, there is not enough evidence of fault in how the Council considered the suitability of Mr X’s accommodation to justify an investigation of his complaint.

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Final decision

12. We will not investigate Mr X’s complaint as part of it is late and there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman