Summary: We will not exercise discretion to investigate this complaint about the Council’s ending of its homelessness duty to Mr X in 2023. 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 terminating his temporary accommodation and discharging its homelessness duty because it says he became intentionally homeless due to non-occupation. He says he was evicted without proper consideration and that the Council should reconsider its homelessness decision.

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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)

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Council ended its homelessness duty and terminated his temporary accommodation in July 2023. He says the proper procedure was not followed and that he should have the main housing duty re-instated and new temporary accommodation provided.
6. The Council has sent us copies of warning notices and a notice to quit for the temporary accommodation prior to his eviction in 2023. Mr X had the main housing duty discharged when it became clear to the Council that he was not occupying the accommodation provided.
7. We will not investigate this complaint which relates to matters in 2023 and which are outside the normal 12-month period for accepting complaints. It was reasonable for Mr X to complain to us within 12 months and he could also have challenged the Council’s homelessness decisions under the statutory review/appeals procedure which we would have recommended.
8. 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.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council’s ending of its homelessness duty to Mr X in 2023. 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