Summary: We will not investigate this complaint about housing suitability. The complaint has been made late, and it would have been reasonable for Mr X to have used his review rights.

The complaint

1. Mr X complains the Council provided unsuitable out-of-area temporary accommodation.

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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)
3. 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 it would be reasonable for the person to ask for a council review or appeal (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

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

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My assessment

6. A Council can end its homelessness duty by offering accommodation it considers suitable. Anyone who believes the Council’s offer is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the offer was unsuitable, the offer will not stand. If the review decides the offer was suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)
7. In 2023 Mr X accepted an offer for out-of-area accommodation. Mr X says the property the Council offered is unsuitable for various reasons, including being a significant distance from his support network.
8. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mr X moved into the property in 2023 but 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.
9. Even if we were to exercise discretion to consider the late complaint, we would not investigate. This is because it would have been reasonable for Mr X to request a suitability review.

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Final decision

10. We will not investigate Mr X’s complaint. The complaint has been made late, and it would have been reasonable for Mr X to have used his review rights.

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Investigator's decision on behalf of the Ombudsman