Summary: We will not investigate Ms X’s complaint about housing suitability and housing allocations. The complaint is late and there is insufficient evidence of fault.

The complaint

1. Ms X complains the Council have placed her in unsuitable hazardous temporary accommodation and failed to find her permanent accommodation after 17 years on the housing register.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. Ms X has been on the housing register since 2008. Her household currently lives in a four-bedroom flat provided as temporary accommodation.
9. Ms X complains the property is not suitable for her household due to medical conditions and hazards in the property including damp and mould.
10. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. This duty applies to interim accommodation and accommodation provided under the main housing duty. Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability.
11. The Council have completed a suitability review and considered the medical evidence Ms X provided. The have also completed inspections of the property. They have determined the property is suitable for the family. The Council have encouraged Ms X to provide further medical evidence if there have been any changes since the review.
12. Whether a particular property meets the legal definition of suitability for a particular person is a point of law. The law expressly provides this route for disputes about the suitability of temporary accommodation. So we normally expect people to use this route. The court could overturn the Council’s position and make a binding order if it sees fit. 
13. If Ms X disagrees with the Council’s decision the property is suitable, it would be reasonable for her to challenge the review decision through appeal to the County Court. 
14. Ms X has been aware of the Council’s decision that the property is suitable since 2019. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Ms X did not complain to the Ombudsman until 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so. It is open to Ms X to contact the Council and request a further suitability review of her property.
15. Ms X also complains she has been on the housing register since 2008 but has not yet been offered permanent accommodation.
16. The Ombudsman recognises that the demand for social housing far outstrips the supply of properties in many areas. The Ombudsman may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy.
17. The Council must offer housing in line with its policy. There is not enough evidence of fault in the Council’s application of their policy to justify investigating.

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Final decision

18. We will not investigate Ms X’s complaint. The complaint is late and there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman