Summary: We will not investigate this complaint about Council’s handling of Miss X’s homeless application, temporary accommodation and housing registration. This is because some of parts of the complaint are late and therefore outside our jurisdiction. Additionally, there is also not enough evidence of fault causing significant injustice.

The complaint

1. Miss X complained that she was advised to incorrectly stay in her property after receiving an eviction notice which damaged her credit rating and limited her ability to rent privately. She also said the temporary accommodation she was offered was unsuitable and led to family separation from her children. Miss X also said she was incorrectly informed she could apply for 3-bed properties.

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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. 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 any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Miss X complained that the Council, in 2023, incorrectly advised her to stay in her property after receiving an eviction notice. Miss X also complained that the temporary accommodation offered was unsuitable and led to separation from her children as they had to stay with relatives, this was between 2023-2024.
8. The time for receiving complaints is from when someone became aware of the matter they wished 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. I will not be investigating those aforementioned complaints as it is a late complaint, and I have not seen any evidence of why it was not raised to us within 12 months.
9. Miss X also complained that the Council incorrectly advised her that she was eligible to bid on 3-bedroom properties.
10. The Council acknowledge a system error that incorrectly recorded Miss X as eligible for three-bedroom bidding. It apologised, and explained that, even if she had been in bidding for two-bedroom properties, she would not have been successful due to limited vacancies. The error has been corrected, and Miss X is now eligible to bid for three-bedroom properties due to her eldest child turning 16.
11. Whilst there was administrative fault, there is no significant injustice caused as Miss X would not have been successful in bidding for other available properties during that period.

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Final decision

12. We will not investigate Miss X’s complaint because some of it was a late complaint and there are no good reasons to exercise discretion to consider it now. Additionally, the fault in bidding has not caused injustice to Miss X.

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Investigator's decision on behalf of the Ombudsman