Summary: We cannot investigate this complaint about the Council serving a notice to quit to vacate temporary accommodation. We cannot investigate complaints about matters which are subject to court proceedings. We will not exercise discretion to investigate Mr X’s complaint about the Council’s review of his homelessness case decision. 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 issuing him with a notice to quit his temporary accommodation prior to a possession order being sought. He says it is unreasonable for him to leave after the Council decided his homeless case in 2022. He also complained about the Council’s review of its decision on his case in 2023 which upheld the original decision.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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)
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)

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How I considered this complaint

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

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My assessment

7. Mr X says the Council issued him with a notice to quit his temporary accommodation in 2025 which he has been in since 2008. He says the decision to end its homelessness duty was made in 2022 but it has not started eviction action until this year, he believes this is unreasonable and he will struggle to find alternative accommodation.
8. The Council says it made him a final offer of accommodation in 2022 and that the offer was suitable. He refused the accommodation and in December 2022 it discharged its homelessness duty towards him. He asked for a review of the decision under s.202 of the Housing Act 1996 and this was issued in January 2023. The Council’s decision letter advised Mr X of his right to appeal the decision to the County Court within 21 days but he did not do so.
9. We will not exercise discretion to investigate this part of the complaint now. I have seen no evidence to suggest that Mr X could not have complained to us sooner and there are no good reasons why we should investigate now.
10. We cannot investigate the Council’s decision to issue a notice to quit and start possession proceedings. We have no discretion to investigate matters which are subject to court action and the notice is the commencement of proceedings in these cases.

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Final decision

11. We cannot investigate this complaint about the Council serving a notice to quit to vacate temporary accommodation. We cannot investigate complaints about matters which are subject to court proceedings. We will not exercise discretion to investigate Mr X’s complaint about the Council’s review of his homelessness case decision. 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