London Borough of Bromley (24 019 285)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 06 May 2025
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council’s failure to support her when she became homeless. The complaint is late and there are no good reasons to decide to investigate now.
The complaint
- Ms X complained the Council left her sofa surfing with her two children for five years and did not assist her with her homelessness.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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)
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
What happened
- Ms X said the Council failed to assist her with her homelessness between November 2018 and June 2023 when she won her court case against her landlord. She said she was advised, during the court case, to take legal action against the Council for not intervening to protect her and her children.
- Following the outcome of the court case, the Council accepted a relief duty and in October 2023 it accepted a main housing duty. At the same time, it accepted a housing register application, although it says Ms X has not bid for social housing.
My assessment
- We usually expect people to complain to us within 12 months of the events they are complaining about. Ms X complained to us in February 2025 about events between November 2018 and June 2023. She was aware of the issues she complained about from at least June 2023 and possibly earlier. I have seen no evidence that she could not have complained to us earlier and there are no good reasons to decide to investigate now. Further, it is unlikely we could reach robust findings and achieve a worthwhile outcome, given the lapse of time.
Final decision
- We will not investigate Ms X’s complaint because it is later and there are no good reasons to decide to investigate now.
Investigator's decision on behalf of the Ombudsman